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Product Liability Law

Original Language Title: Tuotevastuulaki

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Product liability law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Scope
ARTICLE 1

This law applies to compensation for damage to property intended for a product or for private use or for consumption, which has been suffered mainly by the victim for that purpose. (8.1.1993/99)

The product is a movable object, but not a building in another country. The law concerns damage caused by the product, even if the product is connected to another movable object or property.

The provisions of the product shall also apply to electricity. (8.1.1993/99)

The product is the raw material and part of the product and the substance used in the manufacture or production of the product.

ARTICLE 2 (8.1.1993/99)

The law does not apply to:

(1) damage caused to the product for the product;

(2) the injury caused to the product for the product if the subproduct was connected to the product before the product was issued; and

3) Nuclear liability (484/72) The injury suffered.

Conditions for damages liability
ARTICLE 3 (8.1.1993/99)

Compensation must be paid for damage caused by the fact that the product has not been as safe as it has been waiting for. When assessing safety, account shall be taken of the time when the product was issued, the foreseeable use of the product, the marketing of the product and instructions for use and other considerations.

§ 4

Where the damage occurred as a result of the defective safety of the subproduct, the damage shall be deemed to have been caused by both the product and the stock.

§ 4a (8.1.1993/99)

The injured party must prove the damage, the lack of security of the product and the causal link between the safety and the damage.

Obligatory compensation
§ 5 (8.1.1993/99)

The liability under this law shall be:

1) by the person who has produced or produced a product that has caused damage;

(2) the person who has brought the product into the European Economic Area to be issued there;

(3) for the purpose of bringing the product into circulation from the EFTA State to the European Community, from the European Community to the EFTA State or from the EFTA State to another EFTA State, and

(4) the person who has marketed the product that has caused injury to his own if the product is equipped with his name, trade mark or other distinctive emblem.

Paragraph 1 (3) does not apply to imports between States which have ratified the Convention of 16 September 1988 in Lugano and the States which have ratified the Convention on the enforcement of judgments in civil matters. In accordance with paragraph 1, paragraphs 1, 2 or 4, and in accordance with paragraphs 1, 2 or 4 of paragraph 1, that the injured party may be executed.

The application of paragraph 1 (3) and (2) to the Principality of Liechtenstein and the Swiss Confederation shall be governed by a separate regulation. (22.10.1993/879)

ARTICLE 6 (8.1.1993/99)

If the product does not show its manufacturer or producer, any calculation of the product shall be equivalent to that made by the manufacturer for damage caused by the product, unless he or she has received a request for compensation from the injured party, , within a reasonable period of time, notify the injured party of the damage suffered by the injured party or the person who has offered him the product. The same applies to the product imported, even if the product is found to be responsible for the product in accordance with Article 5 (1) (1) or (4), unless the product is identified by an importer in accordance with Article 5.

Extraction of liability for damages
§ 7

There is no compensation obligation under Section 5 or Article 6 if the person who is required to pay compensation shows that:

(1) has not brought the product into circulation in business; or

(2) the lack of safety of the product is a consequence of the fact that the product complies with the mandatory provisions of the Authority.

Nor is there any obligation to compensate, if the person who is required to pay compensation makes it likely that there was no lack of damage in the safety of the product at the time when he put it in motion.

Neither the manufacturer nor the producer of the product is liable if he shows that the lack of safety is due to the design of the product to which the subproduct is connected or the instructions given by the manufacturer of the product. (8.1.1993/99)

Replacement injury
§ 8

The compensation provided for in this Act shall be governed by the applicable law for damages. (412/74) .

The obligation to pay compensation under this Act does not constitute an injury to the property of less than 2 350 marks. The regulation may, by way of a regulation, change the date of economic development and the development of monetary conditions. (8.1.1993/99)

Periochtime
§ 9

An action for damages based on this law must be raised within three years from the receipt of the information or should have been informed of the existence of the damage, the lack of safety of the product and the obligation to pay. (8.1.1993/99)

However, the action shall be instituted within ten years of the loss of the liability referred to in Articles 5 or 6 to the movement of the product which caused the damage.

Specific provisions
ARTICLE 10

Before the conclusion of the injury agreement, which restricts the injured party's right to compensation under this law, is void.

ARTICLE 11

This Act shall be without prejudice to the right of the injured party to compensation on the basis of an agreement or by an act of compensation or any other law.

ARTICLE 12 (13.03.2009)

Article 12 has been repealed by L 13.3.2009/148 .

ARTICLE 13 (8.1.1993/99)

Anyone who has imported a product to Finland shall be obliged to assist the injured party in translation into a foreign language. If the importer does not assist the importer, the importer shall reimburse the necessary costs for the reversal of the compensation claim suffered. The duty of assistance and compensation referred to above shall also apply to the subsequent movement of the product, unless, within a reasonable period of time, he declares the importer to the claim.

Article 13a (24/05/479)

If the insurer is a transport insurance law (279/1959) Or on the basis of a medical insurance policy, the amount of the compensation which the injured party would have been entitled to claim under this law for compensation, the right of the injured party to damages provided for in this law shall not be transferred. The insurer.

L to 42/2015 Article 13a will enter into force on 1 January 2016. The previous wording reads:

Article 13a (27.11.98)

If the insurer is a transport insurance law (279/1959) , accident insurance law (608/1948) Or farmers' accident insurance legislation (1026/1981) Or on the basis of a medical insurance policy, the amount of compensation which the injured party would have been entitled to claim under this law for compensation, the right of the injured party to damages provided for in this law shall not be transferred. The insurer.

Entry into force
ARTICLE 14

This Act shall enter into force on 1 September 1991.

The liability under this law is for the person who has calculated the damage caused by the damage resulting from the entry into force of the law.

Government proposal 119/89, Second Law. Miet. 4/90, the great committee. Miet. 63/90

Entry into force and application of amending acts:

8.1.1993/99:

This Act shall enter into force at the time laid down by the Regulation.

The law does not apply to the movement of the product which has caused damage before the law enters into force.

THEY 251/92 , TaVM 52/92, Annex III to the EEA Agreement: Council Directive 85/374/EEC

22.10.1993/879:

This Act shall enter into force at the time laid down by the Regulation. (L 879/1993 entered into force on 1 January 1994 in accordance with A 1487/1993.)

THEY 135/93 , TaVM 30/93, Annex III to the EEA Agreement: Council Directive 85/374/EEC

27.11.1998880:

This Act shall enter into force on 1 May 1999.

Before the law enters into force, the necessary measures may be taken to implement it.

This law shall apply to damage after its entry into force.

THEY 91/1998 , StVM 16/1998, EV 124/1998

13 MARCH 2009:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

24.4.2015/479:

This Act shall enter into force on 1 January 2016.

THEY 277/2014 , StVM 49/2014, TyVL 18/2014, EV 315/2014