Have you bought a product that turned out to be defective and caused you damage? Did it break, damage property or even cause personal injury? You may be entitled to compensation. We’ll explain what the law considers a defective product, when liability for damage caused by a defective product arises and how to go about getting fair compensation.
A defective product is one that is not as safe as the consumer might reasonably expect in view of its purpose, presentation or normal use. It is therefore not just a product that has broken or does not work, it is a product that has caused damage by its defect.
The Civil Code defines a defect as a lack of safety. A product may be defective because of its design, defective materials, inadequate instructions for use or even incorrect labelling.
Practical examples:
A consumer has the right to expect that a product that is commonly sold is safe. If it is not, the person who put the product on the market is liable for the damage caused by the defect.
Have you been damaged by a defective product? Our lawyers can help you claim compensation – quickly, online and at no cost to you
The liability of the manufacturer is so-called strict liability, which means that no fault is established. It is enough that the product was defective, the damage occurred and there is a causal link between the defect and the damage.
Who is liable for the damage:
What damages can be claimed:
The manufacturer can only be exempt from liability in exceptional situations where it is clear that the damage was not caused by the manufacturer. For example, liability is not incurred if the product was not already defective when it was placed on the market, i.e. if the defect only became apparent afterwards due to external circumstances or improper handling.
The manufacturer is also not liable if the defect was caused by a subsequent modification or intervention in the product by the user or another person.
Similarly, it may be exempted from liability if the product was intended solely for testing or research purposes and not for normal consumer use.
Finally, the manufacturer is not liable even if the defect was caused by improper use of the product in contravention of the instructions or safety instructions made available to the consumer.
Tip: You can complain for two years from the date of purchase and your complaint should be processed within 30 days. This is the general rule we have fixed regarding complaints. However, as you’ll read in our article, these time limits don’t always apply.
When making a claim for compensation, it is crucial to get the evidence right in the first place. Although product liability does not examine fault, the injured party must prove several basic facts: that the product was actually defective, that it was the defect that caused the damage, and the specific amount of the damage. Without these three pillars, a successful claim cannot be made.
Therefore, it is important to keep any proof of purchase, such as a receipt or invoice, take photographs of the damaged property or the aftermath of the damage, and, if possible, keep the defective product itself as evidence. In personal injury cases, medical reports, expert reports or testimony from people who were present at the incident may also be crucial. The better the incident is documented, the better the chances of successfully recovering compensation.
Once you have the evidence together, the next step is to approach the manufacturer or retailer to seek compensation. The most common course of action is a written request, which should include a precise description of the incident, documented evidence, and the amount you are seeking in compensation. We recommend that you communicate in writing so that the course of action can be documented. If the manufacturer or retailer refuses to accept liability or does not respond to the request at all, you can take legal action. At this stage, it is advisable to contact an attorney to help with the wording of the challenge and any legal proceedings. You can use our contact form to do this and we will help you with the preparation of the challenge and the whole process.
The time limits within which a claim for compensation can be made are also important. The law states that the right is time-barred after three years from the time you became aware of the damage and the person responsible for it. This means that it is not enough to know about the damage itself, you must also know who caused it. At the same time, the so-called objective 10-year period applies, which means that the claim expires no later than ten years after the defective product was put into circulation, regardless of when the defect or damage occurred. The exception is where there has been injury to life or limb – in such situations, the limitation period is extended to give the injured party sufficient time to assert their right. Compliance with the time limits is essential, because once the time limits have expired, the claim becomes unenforceable, even if it would otherwise have been justified.
Tip: Did the trader refuse to accept your claim? Find out what you are legally entitled to and how you can defend yourself if your complaint is not accepted.
These two rights are often confused in practice, even though they are completely different legal institutions with different purposes and procedures. A claim relates to a defective performance at the time of purchase – i.e. a situation where the product purchased does not correspond to what was agreed, does not work properly or has a defect that prevents its normal use. In this case, the consumer contacts the seller from whom the product was purchased and asks for a repair, a replacement, a price reduction or a refund. The complaint therefore resolves the relationship between the buyer and the seller and aims to remedy the defective performance.
On the other hand, compensation is claimed if the defective product has caused damage beyond the defect itself – for example, damage to another item, personal injury or financial loss. The claim is not against the seller, but primarily against the manufacturer or importer or other person who placed the product on the market. In this case, the consumer is not seeking repair or replacement of the product, but financial compensation for the damage caused. Unlike a complaint, it is necessary to prove a causal link between the defect in the product and the damage caused.
Both rights can be exercised at the same time, for example if a faulty washing machine not only stops working but also causes the flat to flood. In such a case, the consumer can claim for replacement or repair of the product as part of the claim and also claim compensation for the damaged property.
An experienced attorney can help you determine who is actually responsible for the damage, quantify the damage and prepare a demand for payment, negotiate with the insurance company or manufacturer, or draft a lawsuit and represent you in court.
The lawyer can also provide expert testimony and point out the running of statutes of limitations. In many cases, the matter can be resolved out of court if the challenge is properly worded and supported by evidence.
If a defective product has caused damage – whether to property, health or otherwise – you have a legal right to claim compensation for the damage caused by the defective product. A defective product is one that is not as safe as the consumer could reasonably expect, for example because of a design defect, faulty materials or inadequate instructions for use. Liability for the damage is usually borne by the manufacturer or, if the manufacturer cannot be identified, by the importer or retailer. This liability is strict – it is not necessary to examine whether the manufacturer was at fault, but only that the defective product actually caused the damage. The manufacturer can only be exonerated from liability if it proves that the product was not defective when it was put on the market, that the defect occurred later, that it was a test product or that the product was used contrary to the instructions. To make a claim, you must provide evidence – for example, receipts, photographs, medical reports or the defective product itself – and then write to the manufacturer or retailer to ask for compensation. If the request is not granted, it is possible to seek compensation through the courts. The claim must be made within three years of the time you became aware of the damage and the person responsible, but no later than ten years after the product was put into circulation. Claims are different from compensation – they only deal with defective performance between the buyer and the seller, whereas compensation compensates for the harm caused by the product. In some cases, both can be claimed at the same time.
Yes. The law protects everyone who is harmed by the product – not just the buyer. It can also be a family member or a third party.
In simpler cases, a photo, receipt and proof of damage will suffice. For more complex claims (e.g. medical injuries), a certificate is appropriate.
If the manufacturer cannot be identified, the person who supplied or sold the product is liable. The seller can only be exempted from liability if he proves who the actual manufacturer is.
An out-of-court settlement can be reached within a few weeks. Court proceedings usually take several months to years – depending on the complexity of the case.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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