Sometimes consumers buy products that do not have all legal and technical requirements or aren’t fully approved to be considered safe, If you purchased a defective or damaged product, you must know, that General Act for the Defence of Consumer and Users protects you.
Defective products are those consumer goods the majority of which can be purchased at a commercial establishment and possess a defect that generates damage. Examples are products that are painted with toxic paint, contain elements that can cause burns, faulty products that prevent normal operation or flammable products. In particular, we wish to draw your attention to those defective products oriented for child use as well as for your vehicle. Defect or damage found in these products could have serious consequences for your and your family’s health.
Just as with a product, a service too can be defective and poorly performed. Unlike physical goods, when purchasing a product in the form of service, this is found to be separately identifiable, intangible activity, which includes interactions between the customer and the person providing a service or physical resources of the service-provider, which are provided as solution to customer’s query or need. Examples of services would be taking public transport, car repair, dry-cleaning, consulting etc., performed by trained professionals.
Should the product or service be defective, the user of defective product or service benefits from several causes of action against the vendor or manufacturer., the producer is primarily responsible, the blame could also fall on the company that produced the entire product causing damage, on the manufacturer of any element integrated into a finished good or on those who produce the raw material. Nonetheless, numerous actions may enable the consumer of defective products to terminate the sale, decrease the sale price, or receive compensation for damage. Although
However, before claiming, the injured individual must prove the damage, the defect, and the causal relationship between defect and damage, as outlined in Article 139 of LRD 1/2007. If you can prove the abovementioned, there are different damages that you could claim for, however note that not all damages or harm caused by a product would entitle you to compensation. Some compensable damages are related to the harm caused to the human body, such as physical or mental injuries.
In compensacion.es we suggest that you get in contact with us if you have suffered damages because of a defective product or service. It is important to remember that in this case, as a special warranty that protects consumers and users, the law grants you a period of three years to initiate legal proceedings for the recovery of damages and claim your compensation. The limitation period starts from the date when you suffered the damage, provided that you are aware who the person responsible for causing the damage is, as outlined in Article 143 of LRD 1/2007.