Country:

Italy

Court:

Tribunale di Vercelli 7-4-2003.

Topics:

Defect, presentation of the product; non-material damage.

Articles:

art. 6 al. 1; art. 9.

Facts:

A coffee machine exploded causing personal injury to the user. An expertise proved that the explosion was due to the obstruction of a valve which had never been changed since the purchase of the coffee machine two years before. The user claimed compensation for her personal injury from the manufacturer assuming that he failed to advice explicitly that the valve of the coffee machine needs to be changed every two years in order to avoid the risk of explosion. The instructions only advised the customer to check regularly the conditions of wear of the accessories, like the filter and the gum.

Legal questions:

Is the manufacturer liable for the lack of information given about the appropriate maintenance of the product?

Decisions:

The court held the manufacturer liable because he failed to advise explicitly that the valve of the machine had to be changed everry two years. Therefore he was condemned to pay € 57.466,35 for 22% of permanent invalidity, and € 2.225,00 for the temporary invalidity (30 days). Furthermore the Court held that non-material damage could also be compensated when the respondent's fault is proven. The fact that the manufacturer is strictly liable for material damages under the European directive does not preclude a finding of liability also for non material damages when fault is proven on the case. Therefore, considering that the lack of information proved the manufacturer's fault, the Court condemned him to pay € 29.858, 18 for non-material damages.

Comments:

This kind of decisions can be criticise whenever they charge the manufacturer with a duty to inform the consumer even about facts of common knowledge.