The Legal Framework of Product Safety
The safety of consumer products in Georgia is regulated by a dedicated instrument — the Product Safety and Free Circulation Code. This act creates the system of obligations that binds manufacturers and distributors with respect to products placed on the market: placing only safe products, warning consumers about risks, supplying information, and compensating harm caused by a defective product. The sixth, ninth, eleventh and twelfth articles of the Code rest precisely on these four pillars.
For consumers and businesses alike this framework has practical significance: it determines who answers for harm, what information must be given to the consumer, and how the manufacturer must act when a risk emerges in a product after it has been placed on the market.
Manufacturer's Liability for a Defective Product
Under the sixth article of the Code, the manufacturer is liable for harm caused by a defective product placed on the market by it. It also matters that where the manufacturer cannot be traced — even if its name is indicated on the product — the person who actually placed the product on the market is regarded as the manufacturer, unless it notifies the injured person, within a reasonable period, of the whereabouts of the manufacturer or of the person who supplied it with the product.
The burden of proving the harm lies on the injured person, who must prove both the defect of the product and the causal link between the defective product and the harm suffered. Where two or more persons are liable for the same harm, they are jointly and severally liable. The manufacturer is also liable where the harm is caused simultaneously by the defective product and by an act of a third party, while its liability may be reduced or excluded if the harm results both from the defect and from the improper conduct of the injured person or a person for whom the injured person is responsible.
The Duty to Place Only Safe Products
The ninth article lays down the general rule: the manufacturer must place only safe products on the market. It must also, within the limits of its competence, warn consumers of visible or invisible risks contained in the product during its intended use and over its predetermined period; where avoiding such a risk is impossible, all measures must be taken to avert it. The distributor, within the scope of its activities, facilitates the safety of products placed on the market.
At the same time, a defective product may be placed on the market only where the supplier has clearly informed the consumer that it is defective. A product supplied as an antique, or a product that must be repaired or altered before use, is not treated for the purposes of this chapter as a product for re-use, provided the consumer has been clearly informed thereof.
Actions After a Risk Is Identified
The eleventh article governs the situation where a risk emerges after the product has been placed on the market. The manufacturer must analyse the risk the product may cause and take appropriate measures to avert it — including warning consumers and recalling the product from consumers and from the market. It must supply the distributor with complete information about the risks connected with the product, so that the distributor can pass this information to third parties.
Where the manufacturer and the distributor know, or on the basis of the information and professional knowledge at their disposal should know, that the product placed on the market contains a risk inconsistent with the safety requirements established by the legislation of Georgia, they must immediately notify the competent authority and provide data enabling precise identification of the product, complete information on the risks, information enabling the product's traceability, and a description of the measures needed to avert the risk. A warning does not release a person from compliance with the requirements established by legislation.
Information About the Product
The twelfth article requires the manufacturer or distributor to supply the consumer with essential, truthful and complete information that enables a correct choice. This covers the product's name and type, the manufacturer's trade name, address and country of manufacture, where applicable the shelf life, weight or volume, the principal consumer properties, the rules of use, the guarantee, and the actions to be taken after the expiry of the shelf life. The essential particulars must be in Georgian.
Guarantees are also regulated by this article: where the manufacturer sells a product with a guarantee, it must observe the terms of the guarantee, and the buyer may demand their performance. A guarantee, however, does not release a person from the liability for causing harm established by the Code. The article also extends to the constituent parts of a product.
Frequently Asked Questions
Who answers for harm caused by a defective product?
The manufacturer is liable for harm caused by a defective product it placed on the market. Where the manufacturer cannot be traced, the person who actually placed the product on the market is deemed the manufacturer, unless within a reasonable period it notifies the injured person of the real manufacturer's whereabouts.
Who must prove the harm and causation?
The burden lies on the injured person, who must prove both the product's defect and the causal link between the defect and the harm. Where two or more persons are responsible, their liability is joint and several.
What must a manufacturer do when a risk is identified?
Analyse the risk, take measures to avert it — including warning consumers and recalling the product from consumers and the market — and immediately notify the competent authority of the product's identification, the risks and the measures taken.
What information is the consumer owed about a product?
Essential, truthful and complete information: name, manufacturer and country of production, shelf life, weight or volume, properties, rules of use, guarantee and post-expiry actions — with the essential particulars in Georgian.
How We Help on Legal.ge
Consumer product safety concerns both injured consumers and businesses placing products on the market. On Legal.ge we help prepare claims for compensation of harm, assess liability, and build a system of safety obligations. Contact us — we will handle your case on the strength of the Code's exact norms.