Product Liability Act 22/1994 (B.O.E. 7 July 1994)

Article 1.

Manufacturers and importers shall be liable for damage caused by the defects of the products they manufacture o import respectively.

Article 2.

Product jeans all moveable goods, even if incorporated into another moveable or immovable. Product includes gas and electricity.

Article 3.Defective product.

1. A defective product is one which does not provide the safety which one may legitimately expect, taking all circumstances into account and especially the presentation of the product, its reasonable foreseeable use and the time when the product was put into circulation.

2. A product is defective if it does not provide the safety normally provided by the rest of the units of the same series.

3. No product will be deemed to be defective solely because it has been superseded by a newer or more advanced model.

Article 4.

1. Manufacturer means the manufacturer a of a finished product, the manufacturer of a any integrated part of a finished product, the manufacturer of raw material.

Any person who presents himself to the public as its manufacturer, putting his name, trademark or any other distinctive sign on the product or on the package or any other element of protection or presentation.

2. Importer is a person who, in the course of his business activity, introduces a product into the Community for its sale, hire, leasing or any other form of distribution.

3. Where the producer of the product cannot be identified, each supplier of the product shall be treated as its producer unless he informs the injured person, within a period of 3 months of the identity of the producer or of the person who supplied him with the product. The same shall apply, in the case of an imported product, if this product does not indicate the identity of the importer, even if the name of the producer is indicated.

Article 5.

The injured party seeking compensation for damage shall be required to prove the defect, the damage and the causal relationship between them.

Article 6.

Manufacturers or importers shall not be held responsible for damage incurred provided one of the following factors can be proved:

(1) that the producer, importer, supplier or seller did not put the product on the market;

(2) that the defect causing the damage did not exist at the time when the product was put on the market;

(3) that the producer, importer, supplier or seller did not intend to sell or distribute the product with a view to profit and that the product was not made or distributed in a commercial context;

(4) that the defect in the product arose because of compliance with mandatory regulations decreed by public powers;

(5) that the state of the art at the date when the product was put on the market was such that the defect would not have been detected.

A manufacturer or importer of a component part of the product will not be liable for damage incurred provided they can prove that the defect was attributable to the design of the finished product or to specific instructions given by the manufacturer of the finished product. If the defective product is medicine or food, the manufacturer cannot disclaim his liability on the grounds that the product had not been released onto the market.

Article 7.

Persons liable for the same damage under the Act shall be jointly and severally liable.

Article. 8.

The liability of the producer shall not be reduced when the damage is caused both by a defect in product and by the act of a third party. The liability of the producer may be reduced or disallowed when, having regard to all the circumstances, the damage is caused both by a defect in the product and by the fault of the injured person or any person for whom the injured person is responsible.

Article 9.

The liability of either the producer or importer may be reduced or disallowed when, having regard to all the circumstances, the damage is caused both by a defect in the product and by the fault of the injured person or any person for whom the injured person is responsible.

Article 10.

1. The liability regime established in this Act includes damage caused by death and by bodily injures, as well as damage to any item of property other than the defective product itself, so long as it is destined to private use. In the latter case a franchise of 65.000 pesetas will de be deducted.

2. The rest of damages, inclusive of moral ones, may be recovered in virtue of the general civil law.

3. This Act shall not be applicable to repair damages for nuclear accidents provided they are covered by international agreements ratified by all Member States of the European Union.

Article 11.

Under this Act, the liability of the producer or the importer for death and personal injuries caused by identical products with the same defect will be limited to the amount of 10.500.000 pesetas.

Article 12. Prescripción de la acción.

1. La acción de reparación de los daños y perjuicios previstos en esta Ley prescribirá a los tres años, a contar desde la fecha en que el perjudicado sufrió el perjuicio, ya sea por defecto del producto o por el daño que dicho defecto le ocasionó, siempre que se conozca al responsable de dicho perjuicio.

La acción del que hubiese satisfecho la indemnización contra todos los demás responsables del daño prescribirá al año, a contar desde el día del pago de la indemnización.

2. La interrupción de la prescripción se rige por lo establecido en el Código Civil.