Products may not only turn out to be defective and stop functioning well, but they may also cause us harm or significant damage to our property. For instance, a toaster or an electric kettle can catch fire and burn down our kitchen or, even worse, our house if we do not put it out in time.
The Consumer Affairs Act gives us the right to claim compensation for any injury and damage suffered due to defective goods. It is therefore important that when an incident happens we gather as much evidence as we can of the dangerous goods and any damage caused. To claim compensation, all consumers need is proof that the product was defective and that most likely it was the case of the injury or damage.
As consumers we also have certain responsibilities, such as reading and observing the warnings producers may include about possible dangers if the product is used incorrectly. Such warnings must, however, be clear and easily understood by consumers. Furthermore, the manufacturer has the responsibility to monitor its products for any defects and must take the necessary actions when it discovers potential safety problems.
We can seek compensation for death, injury and damage to property. Other than the defective product itself, the damage incurred must have a value of at least €500. Damages to property are recoverable provided that the property was used by the injured party mainly for his own private use or consumption. In other words, claims cannot be made to cover business losses.
It is the producer of the product who is primarily responsible for the damages caused by the defective product. Hence, we must make our claims for compensation with the manufacturer. If the latter cannot be identified and the supplier of the product is unable to provide the required contact information of the manufacturer, then the supplier is held liable.
The producer cannot be held responsible for damages caused by a product in situations where: he did not put the product in circulation; the defect causing the damage did not exist when the product was first put in circulation; if the product was not manufactured to be sold to consumers; the defect is due to compliance with a mandatory requirement imposed by law or a public authority; or the defect could not be discovered due to the scientific and technical knowledge at the time the product was produced.
The law stipulates that we consumers may seek compensation for the damages suffered within a maximum period of three years from when we become aware, or should reasonably have become aware of the defect, the damage and the identity of the producer. In any case, action is limited to 10 years from when the product is first put in circulation. A producer cannot exclude or limit his liability by any term of a contract, by any notice or any other manner.
If we have suffered damages and want to make a claim for compensation under the Consumer Affairs Act, we need to engage a lawyer and take our case to the civil courts. If, however, the amount claimed does not exceed €3,500, we can submit our claim to the Consumer Claims Tribunal. Should the producer be found guilty of placing a dangerous product on the market, the producer will not only be obliged to compensate the affected consumers but will also be held responsible to remove the defective product from the market.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.