Court:

Athens Court of Appeals, Decision No 5298/2001

Topics:

Liability of the producer of a defective product

Moral harm compensation

Future loss compensation

Articles:

Article 6, Law 2251/1994

Article 914, Civil Code

Facts:

On 18 August 1995 claimant was repairing the interior of a leasehold property, which he intended to use as a butcher's shop and he used an aluminium folding ladder, which was manufactured by the defendant. While he was on the ladder, it suddenly bent resulting into claimant's fall on the ground and his subsequent serious injury. Due to the injury the claimant was treated around 10 days in a hospital and then he was unable to work for around three months.

Legal Questions:

Was manufacturer liable to compensate claimant? Is moral harm compensation regulated by the provisions regarding consumer protection (Law 2251/1994)?

Decision:

The Court ruled that article 6 paragraph 7 of Law 2251/1994 does not provide compensation for moral harm. Nevertheless, from article 5 para. 1 of Greek Constitution and articles 200, 281, 297, 298 and 914 of the Civil Code there derives a principle of law, according to which any act or omission that causes unlawfully and by default damage to a person creates an obligation for compensation. The Court also accepted that the ladder bent because it was not properly manufactured, therefore defective. This means that the negligence of the defendant and the physical injury of the claimant were connected with adequate causal link so that defendant's liability to be established.

Comments:

The decision reiterates on the crucial issue of moral harm compensation due to defective products and confirms the firm thesis of Greek jurisprudence accepting the same under the general provisions on tort liability (also referred to by art. 6, Law 2251/1994).

Original text:

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