Defective products may not only worry us because they stop functioning and we cannot use them, but also because these products may also be dangerous to our safety or cause damage to our property. For instance, a defective cooker may catch fire and burn our kitchen or even our house if the fire is not put out in time.

Should we fall victim to such incidents, the law protects us by giving us the right to claim a remedy for the defective product, which can take the form of repair, replacement or refund, and also gives us the right to claim compensation for any injury and damage suffered due to the defective goods.

It is, however, important that when a defective good causes damage, we gather as much evidence as we can of the dangerous product and the damage caused. To claim compensation we only need to present proof that the product was defective and that it was the cause of the injury or damage.

Before making a claim, we should ensure that the defect in the product was not caused through misuse by us. It is our responsibility to read and observe the warnings producers may include on packaging about possible dangers if the product is used incorrectly. Such warnings must be clear and easily understood by consumers. On the other hand, the manufacturer has the responsibility to monitor its products for any defects and must take the necessary actions when it discovers potential safety problems.

The person responsible for providing a remedy for the defective good is the seller

As consumers we can claim financial compensation when defective products turn out to be physically harmful to consumers or cause material damages. Claims for damaged property can only be made if the value of the damage exceeds €500 and the damaged items have been used by the injured consumer for their own private use or consumption.

The person responsible for providing a remedy for the defective good is the seller. However, when the defective good also turns out to be dangerous and causes damages to consumers and their property, it is the producer’s responsibility to provide compensation. If the producer cannot be identified and the retailer fails to meet the request of the consumer to provide contact details of the producer or importer, then the product’s responsibility falls on the retailer.

When consumers ask for information on the producer, the retailer is obliged to submit the information within 30 days from when the retailer receives the written request. On the other hand, consumers must send such requests for information by registered mail or official letter and must also clearly indicate the product that caused the damage, as well as the date and place of purchase.  With regard to dangerous products placed on the market and eventually recalled, consumers buying such products must return the dangerous goods to the retail outlet from where the product was purchased. Then it is the responsibility of the importer to collect the goods from the retail outlets where the products were distributed. This is the case when the manufacturer is not established in the country where the defective good is discovered, because otherwise it would be the manufacturer’s responsibility to remove the product from the market.

Compensation for damages may be claimed within three years from when the consumer becomes aware of the defect, damage and identity of the producer. At the same time, the law stipulates that legal action cannot be taken after 10 years from when the product is first put in circulation.

Consumers who wish to seek compensation for damages suffered need to engage a lawyer and take the case to the civil courts. However, if the claim for compensation does not exceed €3,500, consumers may submit their claim to the Consumer Claims Tribunal.

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

odette.vella@mccaa.org.mt

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