Liability for compensation when the product is harmful to health | iGuide

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Who is responsible for compensating for damages when the product affects the health of consumers?

This article answers the question of liability for damages when a product affects the health of consumers. According to the law, manufacturers, distributors or sellers may be liable for compensation if their products cause damage. Understanding this responsibility helps consumers protect their rights and businesses comply with the law, thereby ensuring consumer safety.

Pursuant to Article 34 of the Law on Consumer Protection 2023, it is stipulated as follows:

“1. Business organizations and individuals shall be responsible for compensating for damages in cases where defective products or goods supplied by them cause damage to the life, health or property of consumers, even if the organization or individual does not know or is not at fault in causing the defect, except in cases specified in Article 35 of this Law.

2. Business organizations and individuals responsible for compensating for damages specified in Clause 1 of this Article include:

a) Organizations and individuals producing products and goods;

b) Organizations and individuals importing products and goods;

c) Organizations and individuals attach trade names to products and goods or use other trademarks and commercial indications that allow identification as organizations and individuals that manufacture or import products and goods;

d) Organizations and individuals performing commercial intermediary activities for products and goods;

d) Organizations and individuals directly providing products and goods to consumers;

e) Other organizations and individuals are responsible for products and goods according to other relevant legal provisions.

3. In case the business organizations and individuals specified in Points a, b, c, d and e, Clause 2 of this Article cannot be identified, the business organizations and individuals specified in Point d, Clause 2 of this Article shall be responsible for compensating consumers for damages, except where otherwise provided by law.

4. In case many business organizations and individuals specified in Clause 2 of this Article jointly cause damage, those business organizations and individuals must jointly compensate consumers for the damage.

5. Compensation for damages shall be made in accordance with the provisions of civil law and other relevant provisions of law”.

Accordingly, business organizations and individuals are responsible for compensating for damages in case the products they provide cause damage to consumers' health.

This compensation is made even if the organization or individual does not know or is not at fault for the defect, except in cases where the liability for compensation for damage caused by defective products or goods is exempted.

2. Individuals and business enterprises responsible for compensating for such damages include:

- Organizations and individuals producing products and goods;

- Organizations and individuals importing products and goods;

- Organizations and individuals attach trade names to products and goods or use other trademarks and commercial indications that allow identification as organizations and individuals that manufacture or import products and goods;

- Organizations and individuals performing commercial intermediary activities for products and goods;

- Organizations and individuals directly providing products and goods to consumers;

- Other organizations and individuals are responsible for products and goods according to other relevant legal provisions.

In addition, in case many business organizations or individuals cause damage, those organizations and individuals must jointly compensate consumers for the damage.

Note: The Law on Consumer Protection 2023 takes effect from July 1, 2024.