Court:

Athens Court of Appeals, Decision No 6802/2003

Topics:

Liability of the producer of defective products

Infliction of damage to the consumer caused by the deficiency.

When is a product considered to be defective?

Articles:

Article 6, Law 2251/1994

Facts:

Not mentioned

Legal Questions:

Can the producer be held liable for defects of a product? Is the damage inflicted by the defect to the consumer necessary? In which cases is a product considered to be defective?

Decision:

Article 6 of Act 2251/1994, as amended, provides that "the producer is liable for any damage caused due to a defect of his product". From the above provision it is concluded that in order for the producer to be held liable, it is required that the consumer is damaged and that such damage is caused by a defect of the product. The lack of reasonable safety of the product is considered a defect for which the producer can be held liable.

Comments:

The Court ruled that the infliction of damage to the consumer due to the deficiency of the product is a prerequisite in order for the producer to be held liable. In other words, if the product has not damaged the consumer, the producer cannot be held liable because it could have damaged the consumer.

The lack of reasonable safety is considered a defect. A product is considered reasonably safe if, when properly used, it does not cause harm or damage to the consumer. The producer can be held liable only if the lack of safety has damaged the consumer in any way whatsoever.

Original text:

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