PRODUCT LIABILITY – A RADICAL DEVELOPMENT IN OUR CONSUMER LEGISLATION

More than 200 traders and consumers attended a half-day seminar on product liability, which was held earlier today at the Hotel Phoenicia in Floriana. The seminar was organised by the Consumer and Competition Division within the Ministry for Economic Services in collaboration with the European Commission Delegation.

Speaking at the opening of the seminar, Parliamentary Secretary Dr. George Hyzler described the transposition of the Product Liability Directive as "possibly the most significant and the most radical development in our consumer legislation".

He said that this law addresses the practical difficulties that an unfortunate consumer may face when seeking to obtain justice following an accident through the use of a defective product and is expected therefore to bring about changes in the relationship between the parties in the chain of supply.

"Now importers must be more careful as to what products they put on the local market and should be more aware of the reliability of the manufacturer" Dr. Hyzler affirmed.

Both producers and persons who import a defective product into Malta are now liable for the damage wholly or partly caused by it. A product is defective if it does not provide the safety one is entitled to expect. The injured party may seek damages for death, personal injury, damage or loss to property.

Dr. Hyzler said that he expected local importers to prepare proper back-to-back agreements that would indemnify them in case of liability under this new regime. If the producer or the importer cannot be identified, his responsibilities are passed on to the supplier.

However, both producers and suppliers only shoulder responsibility for their products for ten years from when these are put on the market. Consumers may make claims in respect of products within three years from the date of purchase provided that such claims are first made within the referred to 10-year period.

Dr Hyzler concluded his intervention by stating that the underlying message to traders in this piece of legislation is that they should be aware and take stock of their responsibilities and take adequate measures.