Country:

Portugal

Court:

Case Decision from the the Lisbon Court of Appeal (Tribunal da Relação de Lisboa) 1st of March 2007 (Case 329/2006 - 6)

Topics:

Proof of defect

Facts:

A bought a car from the defendant B. Four months later, the car overheated and set himself on fire due to a brake malfunction, while A was trying to brake so that he would not crash into other vehicles. Due to the fire, several goods which belonged to A were destroyed.

Decision:

The plaintiff must prove the brakes' malfunction. In this case, the causes of the cars' overheat and fire were unable to be proven. Therefore, the producer is not compelled to pay any indemnity.

Ratio of the decision:

The Court considered that at the heart of product liability stands the idea of product security and safety. The deficiency of the product is the products' lack of security rather than its unsuitability to fulfill the needs of the consumer. It would be the plaintiff who had to prove the products deficiency, damages and the causation link between them. In the allegations, proof was made that, on the 6th of September, around 7 pm, the car was driving through Rua Tomás Aquilino, in direction to Praça de Espanha, behind other vehicles that were going on the same direction. Since the cars that were in front of him stopped, the driver of the vehicle tried to brake so that he wouldn't crash into other cars that were standing in front of him. The car finally stopped, but its engine started to overheat and it eventually set itself on fire. The true cause of this accident was not proven in court. The plaintiff alleged that the fire started due to a brakes malfunction, but this allegation was not proven in court. Therefore, since the elements necessary to deploy product liability were not met, the court decided to find the defendant not liable.