The Foundation of Manufacturer Liability
Matters of harm caused by a defective product rest on the special rules of manufacturer liability: the manufacturer of a defective product is liable for the harm caused by that product, irrespective of whether it stood in a contractual relationship with the injured person. This means that a consumer needs no contract with the manufacturer — harm may befall any person, and the claim is directed against the manufacturer itself, even where the product passed through a long chain of distribution.
The purpose of this approach is clear: harm from a defective item most often strikes the very person who never had a direct relationship with the seller, and the law creates a basis of protection — liability attaches not to the contract but to the defect in the product itself.
When the Manufacturer Is Relieved of Liability
The law defines the cases in which the manufacturer is not liable: where it did not put the product into circulation; where, from the circumstances of the case, it may be presumed that the defect causing the harm did not exist when the product was put into circulation; where the manufacturer did not produce the product either for sale or other commercial purposes or within the framework of its professional activity; where the defect of the product corresponded, at the moment it was put into circulation, to the norms then in force; and where it was impossible to detect the defect given the state of scientific and technical knowledge existing when the product was put into circulation.
The last of these is the development-risk rule: if the defect could not be identified with the scientific knowledge of the time, the manufacturer cannot be pursued for it. A separate rule concerns the maker of a component: its liability is likewise excluded where the defect was caused by the design of the product into which the component was incorporated — the fault then lies not in the part but in the assembly as a whole.
The Victim's Fault and the Act of a Third Party
The measure of liability shifts with the distribution of fault: the manufacturer's obligation to compensate is reduced or excluded entirely where the occurrence of the harm was caused by the culpable conduct of the injured person or of a person responsible in the victim's stead. The consumer's own culpable behaviour — for instance, a reckless disregard of instructions — thus diminishes or entirely removes the manufacturer's duty.
In the opposite situation the law protects the victim: the manufacturer's liability is not reduced where the harm was caused by the defect of the product and simultaneously by the act of a third party. Where the defect and an outside interference together produced the harm, the third party's role does not release the manufacturer — the liability stands in full.
Burden of Proof and Impermissible Limitations
In liability for harm caused by a defective product, the burden of proof lies on the injured person. This is a significant detail: the victim must prove both the defect of the product and its connection to the harm, so gathering evidence before initiating the case — preserving the product, documenting the purchase and the harm — is decisive.
The scope of protection is deliberately drawn around health: the obligation to compensate extends to harm arising from death or from injury to body or health. Moreover, the manufacturer's liability for harm caused by a defective product may be neither excluded nor limited in advance — any contrary agreement is void. The common practice of attaching a clause that the company bears no responsibility is, in relation to such harm, without effect.
Frequently Asked Questions on Defective Products
Does the victim need a contract with the manufacturer?
No — the manufacturer is liable for harm caused by the product regardless of any contractual relationship.
How can the manufacturer be relieved of liability?
For instance, where the product was not put into circulation, the defect did not exist when it was, the product was not produced for commercial or professional purposes, the defect met the norms of the time, or the defect was undetectable given the then state of science.
Who proves what?
The burden of proof lies on the injured person, who must establish the defect and its link to the harm.
Can liability be excluded in advance by agreement?
No — such a clause is void: liability for harm caused by a defective product can be neither excluded nor limited.
How does the victim's own fault operate?
Culpable conduct reduces or excludes the manufacturer's duty, but the act of a third party combined with the defect does not reduce the liability.
How We Help on Legal.ge
A defective-product case requires establishing the defect and its causal link to the harm, assessing the manufacturer's exonerating circumstances and framing the evidence correctly. The Legal.ge team will assess your situation, help prepare the claim and defend your interests vis-a-vis the manufacturer or in court. Contact us — we will plan every step in your interest.