Our Law Firm has experience in handling issues related to product liability - that is, liability that may arise as a result of the marketing of a product dangerous to a patient in the European Union.
Such liability may arise in certain situations, for example when a patient develops undesirable side effects as a result of the use of a cosmetic, the product has a concealed manufacturing defect (e.g. too sharp elements injuring skin, etc.) or the product is perceived as a source of infection etc.
Currently, there is an increase in the number of unjustified claims. In the given area, the key in legal counselling is to develop appropriate communication methods with the consumer and product claim management procedures, especially since in many cases patients' claims are of repeatable nature.
It is also extremely important to determine which entity in the distribution chain bears product liability (in accordance with EU law it is the manufacturer or importer of the drug to the EU). Claims of this kind should be distinguished from “ordinary” warranty/guarantee claims, which can be raised by the buyer (including a consumer) against the seller. Such claims have different content, limitation periods and legal effects.