Liability for Defective Products
-Liability for defective products is governed by provisions of a European Community Directive (July 25, 1985) incorporated into Articles 1245 to 1245-17 of the French Civil Code. The Court of Justice of the European Union has held that the liability law of Member States must be consistent with the Directive.
Such liability, ignoring the distinction between contractual and tort liability, applies whether or not the claimant is bound to the manufacturer by contract.
Requirements for an action based on liability for defective products
First, the liability must be the result of a defect in a product. As defined in Article 1245-2 of the French Civil Code, “product” means "any movable property (even if it is incorporated into a building) including soil and breeding, hunting and fishing products.”
Second, the damages that can be recovered are those for bodily injury and damage to property (only where the damage is in excess of 500 euros) other than the defective product itself.
Parties that may be held liable
The parties that can be held liable include:
- the manufacturer if it’s a finished product;
- the manufacturer of any component parts of the product;
- the producer of any raw materials used to manufacture the product;
- any person or company whose trademark is on the product or its packaging;
- anyone having imported the product to sell, distribute and/or lease it out; and/or
- the seller, lessor, or any other professional supplier of the product, who would then have recourse against the producer.
Issues relating to the statute of limitations
To avoid being barred by the statute of limitations, the action must be filed within three years from the date on which the plaintiff knew or should have known of the injury, the existence of the defect, and (with respect to any action against the manufacturer or producer) the identity of the manufacturer or producer. However, it must be filed, at the latest, within ten years from the time that the product was put into circulation.
What must be proven
In order for the manufacturer or producer to be held liable, it must be established that there was a defect in the product making it unsafe and that injury resulted from that defect. A product is unsafe when it lacks the level of safety that can reasonably be expected from it. All of the circumstances must be taken into consideration--including, in particular, the way the product is presented (notices, warnings and instructions included), the use of the product that can reasonably be expected, and the time of the product’s release onto the market.
Contract provisions excluding or limiting liability for defective products
Contract provisions excluding or limiting liability for defective products are generally precluded by law and any such provisions will be deemed null and void. However, for damage caused to products that are not used by the claimant for his use or private consumption, such provisions are valid if agreed upon between professionals.
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