Q: I bought a product manufactured in a EU country but imported and distributed by a local firm. Who is responsible if I am injured due to a defect in the product? Can the local seller or manufacturer waive their liability if a waiver form is signed by both parties?

A: When products are purchased for personal use, consumers are protected by Part VIII of the Consumer Affairs Act, liability for defective products. These regulations stipulate that consumers have the right to claim compensation for any injury and damage suffered due to defective goods. Consumers can in fact seek compensation when a defective product causes death or personal injury and may also claim compensation for loss, damage or destruction of any item of property, other than the defective product itself, if the damage suffered exceeds €500.

It is the producer of the product who is primarily responsible for the damages caused by the defective product. Hence, claims for compensation must be made to the manufacturer of the product. If the consumer does not know who the producer is or how to contact him, the consumer must make a request in writing to the seller to provide him with such information. The details of the producer or the person who supplied the seller with the product must be provided to the consumer within 30 days from the date when the request for information is made. If the seller fails to provide such information, then he becomes responsible for the damages caused by the defective product.

As to whether or not the seller or manufacturer may waive responsibility by making consumers sign a waiver, the answer is no. Article 68 of the Consumer Affairs Act stipulates that the liability of the producer may not be limited or excluded whether by any term of contract, by any notice or in any other manner whatsoever.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm

European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.