Product Liability Law

Original Language Title: Tuotevastuulaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1990/19900694

In accordance with the decision of Parliament provides for the scope of application of article 1 of this law applies: the product to the person or persons referred to in for private use or consumption, and mainly used by the injured person compensation for the damage caused to property for a purpose. (8.1.1993/99)
The product shall mean any tangible movable item, however, is not another country. The law applies to damage caused by the product, even if the product is connected to another movable object or property.
For the product shall also apply to electricity. (8.1.1993/99)
Osatuotteella refers to the product of raw material in the manufacture of the product, or in the production of the substances used.

2 section (8.1.1993/99) the law does not apply to: 1) product damage caused by the product itself;
2) osatuotteesta for the loss or damage, if the component was attached to the product before the product is put on the market; the core responsibility of the law instead of 3) (484/72) for the damage referred to in.

The conditions of section 3 of the liability for damages (8.1.1993/99) compensation for damage must be carried out, which is due to the fact that the product has not been as safe as it is entitled to expect. Shall be taken into account in assessing the safety of, the date on which the product was put into circulation, the foreseeable use of the product, the product marketing and operating instructions, as well as other factors.

section 4 If damage is incurred as a result of defective component part, the injury is considered as well as the product that osatuotteesta.

4. (a) section (8.1.1993/99), on behalf of the injured party is required to prove the damage, the defect and the causal relationship between defect and damage.

Vahingonkorvausvelvolliset section 5 (8.1.1993/99) it is the duty of compensation for damage in accordance with this law: 1), which is manufactured or produced by the event that caused the damage to the product;
2), which has brought the entry into the European economic area the product out there to be put down;
3) because that is the mobilization of the State of the European Free Trade Association have brought to the product (the EFTA-States) to the European Community, the European Community, the EFTA State or EFTA States, the EFTA countries, as well as 4), which has marketed the product as her own, which has caused the damage if the product is equipped with his name, trade mark or other distinguishing.
What does the first sentence of paragraph 3, shall not apply in Lugano on 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters between the States which have ratified the Convention, in so far as the import of the Court may be a result of the ratification of the favourable to the injured party to implement paragraph 1, 2 or 4 of the vahingonkorvausvelvollista.
This section on the application of subsection (3) and (2) of the Swiss Confederation and the Principality of Liechtenstein to the specifically provided for in the regulation. Article 6 (22.10.1993/879) (8.1.1993/99) If the product is not apparent from the manufacturer or the producer of the product into circulation, each dropped a match in the same way as the manufacturer of the product for damage that has been caused by damage to the basis of the claim, or if he is otherwise a notification upon receipt of a request within a reasonable time, notify the injured the damage according to article 5, the person responsible for the or the, which has provided him with a product to sell. The same also applies to imported product, even if the product would indicate a 5 under section 1 or to the person responsible for the procedure, unless the product is evident from the importer in accordance with section 5.

The obligation of compensation for the release of section 7 of the liability under section 5 or 6, if it is not, which is required for compensation, it seems, that: 1) he did not put the product into circulation in the course of trade; or 2) the defect is due to compliance of the product with mandatory regulations issued by the authority.
Liability is not either, if it is required, for which compensation may be the probability that the product had been the lack of which has caused the injury when he fell for it.
Component part of a product manufactured or produced will not be liable even if he proves that the defect is attributable to the design of the product in which the component is attached to the instructions of the manufacturer of the product, or to have ordered. (8.1.1993/99)

Replaced by article 8 of this law, the compensation of the injury in accordance with the instructions laid down, where applicable, the law of damages (412/74).
Liability under this Act is not less than the damage suffered by the obligors ' 2 350 Deutsche Mark assets. This mark may be a regulation change, when the economic and monetary situation in developing. (8.1.1993/99)

The application period for This section 9 of the Act shall be increased to three years, when compensation for demanding became aware or should have had knowledge of the occurrence of the damage, the defect and the korvausvelvollisesta. (8.1.1993/99)
The application must, however, be brought within ten years from the time referred to in section 5 or 6, any liability fell to the event that caused the injury the product into circulation.

Special provisions article 10 of the agreement on the condition before the injury occurred, which limits the right of the victim to compensation under this Act, shall be null and void.

Article 11 of this law shall be without prejudice to the right of the victim to compensation on the basis of the contract, or tort, or any other law.

section 12 (13 March 2009/148) section 12 is repealed by L:lla 13 Mar 2009/148.

section 13 (8.1.1993/99), which has brought the product to Finland, is obliged to assist the injured claim against turning over the guests. Subject to the importer, the importer shall be replaced by the assistance to the injured claim for the costs of translation of the necessary. The assistance referred to above, and the subsequent movement of the product liability also applies to the skiers to the Summit, at the request of the importer, within a reasonable time, unless he is demanding compensation for the report.

13 (a) of section (24.4.2015/479) If the insurer is a transport insurance (279/1959), or the amount of compensation paid under the pharmaceutical, non-life insurance, the injured would have been entitled to claim this right, according to the law, the law of the injured from the arrangements provided for in this compensation does not go to the insurer.
L:lla 479/2015 modified 13 (a) the section shall enter into force on the 1.1.2016. The previous wording of section 13 (a): (27 November 1998/880) If the insurer is a transport insurance (279/1959), the accident insurance Act (608/1948) or farmers ' accident insurance Act (1026/1981), or the amount of compensation paid under the pharmaceutical, non-life insurance, the injured would have been entitled to claim this right, according to the law, the law of the injured from the arrangements provided for in this compensation does not go to the insurer.

Article 14 entry into force this law shall enter into force on 1 September 1991.
It is the duty of compensation for damage in accordance with this law, as the event that caused the injury, which has dropped the product into circulation after the entry into force of the law. Board of Directors ' proposal for the 119/89, the second lakivaliok. Mrs. 4/90, a large valiok. Mrs. 63/90 acts entry into force and application in time: 8.1.1993/99: this law shall enter into force at the time of the decreed.
The law does not apply in the event that caused the injury, which has dropped the product into circulation before the entry into force of the law.
THEY TaVM 52/251/92, 92, of the EEA agreement in annex III to Council Directive (85/374/EEC) 22.10.1993/879: this law shall enter into force at the time of the decreed. ((L) 879/1993 came into force on 1 January 1994, in accordance with A 1487/1993.)
THEY'RE 30-135/93, TaVM/93, annex III of the agreement on the EEA Council Directive (85/374/EEC) of 27 November 1998/880: this law shall enter into force on 1 May 1999.
Before the entry into force of the law can be used to take the necessary measures for its implementation.
After the entry into force of this law shall apply to historical damage.
THEY 91/1998, Shub 16/1998, EV 124/1998 on the 13 March 2009/148: this law shall enter into force on 1 September 2009.
Before the date of the entry into force of the laws which have been in force at the time of entry into force of the law applies.
THEY LaVM 16/70/2008, 2008/2009, 24.4.2015, EV 5/479: this law shall enter into force on the 1 January 2016.
THEY 277/2014 2014, TyVL, Shub 49/18/2014, EV 315/2014