CE Defective Products and Compensation
DEEPENING
The consequences for the company could be abnormal: product recalled, withdrawn or stopped at the border; replace or adapt the defective product; damage to the company's reputation; etc. Therefore, only an effective corporate legal prevention, a correct approach to the management of product conformity with an effective insurance coverage can avoid or contain any negative impact on the company reality.
In fact, an inadequately secured claim that may involve other countries (as the product has been marketed in several territories) has serious financial consequences that could even compromise the company's soundness.
Visit the ENGAL Services NewsRoom where you will find news regarding the Certification procedures, the Regulatory Updates, the news on the Interpretative Trends of the technical requirements and the Problems encountered in the matter of Conformity and Certification.
Producers must place on the European market products which are safe and inform consumers of any risks associated to the supplied products. If a defective product causes any physical damage to consumers, the producer has to provide compensation irrespectively of whether there is negligence or fault on their part. A product could be considered defective in case of lack of security (in reference both to technical and documental aspects such as instructions and warnings) or if it does not offer the security that normally offer other examples of similar products on the market.
The person claiming compensation for damages must prove these three conditions:
The person claiming compensation for damages must prove these three conditions:
- Damage occurred
- The product was unsafe (defective product)
- There is a connection between the defect and the damage
The consequences for the company could be abnormal: product recalled, withdrawn or stopped at the border; replace or adapt the defective product; damage to the company's reputation; etc. Therefore, only an effective corporate legal prevention, a correct approach to the management of product conformity with an effective insurance coverage can avoid or contain any negative impact on the company reality.
In fact, an inadequately secured claim that may involve other countries (as the product has been marketed in several territories) has serious financial consequences that could even compromise the company's soundness.
Visit the ENGAL Services NewsRoom where you will find news regarding the Certification procedures, the Regulatory Updates, the news on the Interpretative Trends of the technical requirements and the Problems encountered in the matter of Conformity and Certification.
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