Defenses under Product Liability Act?

What the Law Says

The Product Liability Act (PL Act) provides specific statutory defenses that a manufacturer or importer may raise to avoid liability for damages caused by a defective product.

A defendant is not liable if they prove any one of three conditions listed in Article 4 of the PL Act. First, the defect did not exist in the product when it was delivered by the manufacturer. Second, the damage was caused wholly or partly by the claimant’s negligence. Third, the defect could not have been discovered given the state of scientific or technical knowledge at the time the product was delivered.

These defenses shift the burden of proof to the defendant: they must affirmatively demonstrate one of these facts. The PL Act does not allow other general civil law defenses (e.g., force majeure or third-party fault) unless they fall within these three statutory categories.

Importantly, even if a defense applies, the claim is still barred if filed after the statutory limitation periods: 3 years from when the victim knew of the damage and the responsible party, or 10 years from delivery of the product — whichever comes first.

Statutory Text

The manufacturer shall not be liable for damages if he proves that the defect did not exist in the product at the time it was delivered by him.

— Product Liability Act, Art. 4, para. 1

Statutory Text

The manufacturer shall not be liable for damages if he proves that the damage was caused wholly or partly by the negligence of the person who suffered the damage.

— Product Liability Act, Art. 4, para. 2

Statutory Text

The manufacturer shall not be liable for damages if he proves that the defect could not have been discovered given the state of scientific or technical knowledge at the time the product was delivered.

— Product Liability Act, Art. 4, para. 3

What to Do

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