Manufacturer's Liability for Damages from Defective Products

When we purchase a good, whether it's a household appliance or a vehicle like a motorcycle, we place legitimate trust in its safety and functionality. Unfortunately, manufacturing or design defects can turn everyday objects into sources of danger, causing even severe personal injuries. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the bewilderment and difficulty one experiences when an accident occurs precisely because of a product that should have improved our lives.

Italian legislation, by implementing European directives, offers strong consumer protection through the Consumer Code. The law establishes strict liability on the manufacturer for damages caused by defects in their product. This means that the injured party is not required to prove the company's fault or negligence, but must prove the damage suffered, the product defect, and the causal link between the two. This is a complex area, where the main challenge often lies in the technical assessment of the malfunction, especially when dealing with road accidents caused by mechanical failures or domestic injuries due to appliances.

The Approach of the Bianucci Law Firm in Milan

Facing a multinational corporation or an insurance company to obtain compensation requires expertise and strategy. The approach of Avv. Marco Bianucci, a lawyer expert in civil liability, is distinguished by meticulous evidentiary analysis. At the firm on Via Alberto da Giussano, each case is evaluated not only from a legal perspective but also technically. Collaboration with expert engineers and forensic doctors is often fundamental to demonstrate that the accident, such as a motorcycle fall or an appliance burn, unequivocally resulted from a product defect and not from improper user.

The goal of the Bianucci Law Firm is to ensure that the client obtains fair redress for all damages suffered. This includes not only biological damage for physical injuries but also moral damage, medical expenses incurred, and any loss of earning capacity. The defense strategy is tailor-made, aiming for a quick and fair out-of-court settlement where possible, but remaining ready to defend the rights of the injured party in the Milan courts if the opposing party does not acknowledge their responsibilities.

Frequently Asked Questions

What is the deadline to claim damages for a defective product?

The right to compensation is subject to a statute of limitations of three years from the day the injured party knew or ought to have known about the damage, the defect, and the identity of the responsible party. It is crucial to act promptly to avoid losing the right to protection. However, the right to compensation is completely extinguished if it is not exercised within ten years from the placing on the market of the specific product that caused the damage.

Who is liable if the manufacturer is a non-European company?

If the manufacturer is not established in the European Union, liability falls on the importer who introduced the good into the Union's territory. The law provides this mechanism precisely to prevent consumers from remaining unprotected when facing companies that are difficult to reach. If even the importer cannot be identified, liability may fall on the supplier who sold the good, unless they communicate the identity of the manufacturer or importer within three months of the request.

Do I have to have personally purchased the product to claim damages?

Absolutely not. The protection provided by law applies to the injured party, regardless of whether they are the direct purchaser of the good. If a defective appliance explodes and injures a guest or family member, or if a passenger is involved in a motorcycle accident caused by a manufacturing defect, they have full right to take action against the manufacturer to obtain compensation for the injuries sustained.

What should I do immediately after the accident?

It is crucial to preserve the defective product and not attempt to repair or tamper with it, as it constitutes the primary evidence. It is necessary to document the incident with photographs, keep purchase receipts (if available), and, above all, go to the emergency room to have the injuries certified, specifying the cause of the accident to the doctors. Subsequently, it is advisable to contact an expert lawyer in damages compensation to evaluate the actions to be taken.

Request an Assessment of Your Case

If you have suffered injuries due to a defective product in Milan, do not face the bureaucratic and legal complexities alone. Avv. Marco Bianucci is at your disposal to analyze the dynamics of the accident and verify the existence of the prerequisites for a compensation claim. Contact the Bianucci Law Firm to schedule an appointment at the office and discuss the most suitable strategy for your situation.