Consumer legislation stipulates that goods sold must be as promised by the seller, fit for the purpose for which they were bought and for which goods of the same type are normally used. 

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Purchased goods must also show the quality and performance consumers can reasonably expect of them. When these criteria are not met, you may claim a free remedy from the seller.

However, the goods consumers buy sometimes do not only turn out to be faulty and stop working, but their defects cause damages to consumers’ property, or even worse, physical damage.

The law defines a product as defective when it fails to provide the safety a person is entitled to expect, taking into account how the product was marketed, any directions and warnings. The product’s reasonable use and the time it was put in circulation are also taken into consideration.

A product is also deemed defective if it does not provide for the safety usually provided by models of the same type. Consumers have the legal right to claim compensation when they suffer injuries or damages due to defective goods. Such claims must be made with the producer. If the consumer does not know who the manufacturer is and the seller is unable to provide the manufacturer’s contact information, then the final seller may be held liable.

Consumers have the legal right to claim compensation when they suffer injuries or damages due to defective goods

Before making a claim, consumers must ensure that the product’s defect was not through misuse. It is the your responsibility to read, understand and observe the product’s warnings and instructions of use. Consumers may seek compensation for death, injury and damage to property caused by defective goods. Claims for damaged property can, however, only be made if the value of the damage exceeds €500 and the damaged items have been used by the injured consumer for private use or consumption.

For example, if a microwave catches fire and damages the consumer’s kitchen, the consumer has the right to claim compensation to repair the kitchen if the cost exceeds €500. If the consumer also suffered personal injuries during the same incident, another claim may be made for injuries suffered.

The law also stipulates that consumers may seek compensation for damages suffered within a maximum period of three years from the time of the damages incurred or from when consumers could reasonably have known of the defect, damage and identity of the producer. In any case, action is limited to 10 years from when the product is first put into circulation. The burden of proof of when the product was first placed on the market lies on the producer.

A producer cannot exclude or limit their liability to provide compensation for damages suffered by consumers. Contract terms or notices denying liability are not legally binding even if signed and agreed by consumers.

When consumers’ claim for compensation is denied, legal action may be taken against the producer. Should the producer be found guilty of placing dangerous products on the market, the company will not only be liable to compensate affected consumers but is also obliged to recall from the market all defective goods.

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

odette.vella@mccaa.org.mt

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