Court:
Topics:
Loss
Notion of Defect
Articles:
Facts:
The claimants purchased a photocopier produced by Mita Co for use in their business. On 14 May 2001, the photocopier overheated and caused a fire in the business premises. The claimants thus brought an action against Kyocera Electronics France, the company which had taken over the assets and debts of the manufacturer of the copier, Mita Co. The claimants sought damages for the property damage caused by the fire, as well as an amount for lost profits.
After an expedited procedure (reférée) brought before the President of the First Instance Court of Grasse (Tribunal de Grande Instance de Grasse), the defendant was found liable and order to pay 280,000 French Francs as a provisional instalment for the loss caused.
An appeal was made before the Court of Appeal.
Decision:
The Court of Appeal upheld the First Instance decision. It held that the defendant, Kyocera Electronics France, was to be considered as the manufacturer of the product pursuant to the provisions of the implemented Product Liability Directive under Article 1386-6 Code Civil.
The court held that it transpired from the expertise (court-appointed expert's report) that the overheating of the photocopier was the cause of the fire. The fact that the photocopier had overheated constituted the necessary defect pursuant to the Article 1386-4 Code Civil. The defendant was thus liable in damages, to the extent that none of the defences laid down in Article 1386-11 Code Civil were proven. The defendant had failed to prove that a fault of the claimants had contributed to the fire; indeed the expert report showed that on the contrary the photocopier was well maintained.
The defendant was thus found liable for the damage and ordered to pay 280,000 French Francs as an instalment for the loss caused. The allegations of the claimants relating to the lost profits were referred to assessment at full trial (and not the expedited procedure (reférée)).
