Country:
Italy
Court:
Trib. Monza, 20-7-1993, in Giur. it., 1995, 323.
Topics:
Defect: presentation of product; reasonably expected use of product.
Articles:
art. 6 al. 1 sub a and sub b.
Facts:
The consumer claims from the manufacturer compensation for the physical injuries occurred because the front fork of his mountain bike broke while he was cycling up a mountain . The manufacturer did not file his defence.
Legal questions:
Did the plaintiff use the product in a reasonable expectable way?
Decisions:
Using this kind of bicycle on an inaccessible mountain road is normal, considering that the product was advertised by the manufacturer as an off road bicycle. Consequently the manufacturer was held liable because he had not made the bicycle with appropriate materials.
The compensation for physical injuries corresponding to 2-3% of permanent infirmity amounted to L. 7.500.000. The non-material damage has not been claimed.
Comments:
The decision emphasises the role of the advertisements as instruments that make explicit the parties' expectations in order to detect if the product has to be considered defective or not.