As consumers we may find ourselves in situations where the goods we purchase do not only result defective but also dangerous to our health and safety. Goods that do not function properly may also damage surrounding property and goods. For instance, an iron that catches fire may not only hurt the person using it but could also cause a lot of damage to the property surrounding it.

When a product results defective and dangerous, the Consumer Affairs Act does not only give consumers the right to claim a remedy for the defective product, which can take the form of repair, replacement or refund, but also provides financial compensation for the injured party, that is, the consumer.

The person responsible to provide a remedy for the defective good is the seller. However, when the defective good also results dangerous and causes damages to consumers and their property, the responsibility falls on the producer of the defective good. If, however, the producer cannot be identified and the retailer fails to meet the consumer’s request to provide the identity of the producer or at least identify the importer of the goods, then the seller becomes responsible for the product sold.

Whenever requested, information on the producer should be supplied within 30 days from when the seller receives the written request. Consumers have the responsibility to send this kind of request by registered mail or official letter and must also clearly indicate the product that caused the damage as well as the date and place where the product was purchased.

Compensation for damages may be claimed within three years from when the consumer has been aware of the defect

With regards to dangerous products that are placed on the market and eventually recalled, consumers who purchase 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 he has distributed the products. 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.

When goods are defective, consumers do not only have the right to claim a remedy for the defective good but are also entitled to compensation for the damages the defective good causes such as in cases of death, personal injury, including disease or any mental or physical impairment to a person and loss, damage or destruction of any item of property other than the defective product itself.

However, claims for damaged property can only be made if the loss exceeds the amount of €500 and the damaged item has been used by the consumer for his own private use or consumption.

Compensation for damages may be claimed within three years from when the consumer has become aware of the defect, the damage and the 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 want to claim compensation under these regulations need to engage a lawyer and take the case to the Civil Courts. If the amount does not exceed €3,500, the  case can be submitted to the Consumer Claims Tribunal.

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

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