What to do in case of damage caused by a defective product

Purchasing a product that turns out to be defective or, worse, dangerous, is a frustrating and potentially harmful experience. When an item does not offer the safety that can be legitimately expected and causes damage to people or property, the consumer has the right to be protected and compensated. Understanding your rights and the legal mechanisms to assert them is the first fundamental step towards obtaining justice. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists those who have suffered prejudice due to non-conforming products, providing the necessary expertise to deal with manufacturers and distributors. Italian legislation, in line with European legislation, offers solid protection, but navigating the procedures can be complex without adequate legal guidance.

Manufacturer's Liability in Italian Law

The matter is mainly governed by the Consumer Code (Legislative Decree 206/2005), which establishes a regime of strict liability for the manufacturer. This means that, to obtain compensation, the injured person does not have to prove the manufacturer's fault, but only three elements: the existence of the defect in the product, the damage suffered, and the causal link between the defect and the damage. A product is considered defective when it does not offer the safety that can be legitimately expected, taking into account all circumstances, such as its presentation, the use for which it is intended, and the time it was put into circulation. Liability falls on the producer of the finished product, one of its components, or the raw material, but can also extend to those who import the goods into the European Union or to the supplier, if the manufacturer cannot be identified.

The Bianucci Law Firm's Approach

Handling a claim for compensation for damage from a defective product requires a methodical and strategic approach. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is structured in precise phases to maximize the chances of success. It begins with an in-depth preliminary analysis of the case, collecting all necessary documentation: proof of purchase, photographs, medical reports, and, if necessary, technical expert reports to ascertain the defect. Subsequently, the exact quantification of all damages suffered is carried out, both material (medical expenses, loss of earnings) and non-material (biological, moral, and existential damage). The next phase consists of sending a formal request for compensation to the responsible manufacturer or distributor. If the out-of-court route does not lead to a satisfactory outcome, the opportunity to undertake targeted legal action is evaluated with the client.

Frequently Asked Questions

What is meant by a defective product according to the law?

A product is defined as defective when it does not guarantee the level of safety that the average consumer would legitimately expect. The assessment does not concern its uselessness or reduced functionality, but specifically its dangerousness. For example, a household appliance that causes a short circuit and a fire due to a design flaw is considered defective.

Who is liable for damages from a defective product?

The primary liability lies with the manufacturer. If the manufacturer is not based in the European Union, the liability falls on the importer. If neither the manufacturer nor the importer can be identified, liability may be attributed to the supplier (the seller) who distributed the product, unless the latter informs the injured party of the identity of the manufacturer or who supplied the goods to them.

How much time do I have to claim compensation?

The right to compensation is time-barred three years from the day on which the injured party became aware, or should have become aware, of the damage, the defect, and the identity of the responsible party. There is also a forfeiture period: the right to compensation expires ten years from the date on which the manufacturer put into circulation the product that caused the damage.

What evidence should I keep to obtain compensation?

It is essential to keep as much evidence as possible. Among these, the most important are: the defective product itself (if possible), proof of purchase (receipt, invoice), photographs or videos documenting the damage to people or property, any medical reports or emergency room certificates, and invoices for expenses incurred for repairs or medical treatment.

Contact the Lawyer for an Assessment of Your Case

If you or a family member have suffered damage due to a defective product, it is essential to act promptly to protect your rights. The Bianucci Law Firm in Milan offers legal advice and assistance to manage the entire compensation claim process. Avv. Marco Bianucci makes his experience available to analyze the situation, define the most effective strategy, and represent you towards the responsible parties. Contact the firm to receive a clear and professional assessment of your case and to understand the steps to take to obtain fair compensation.