Chapter II: Liability for defective products

The producer is liable ipso jure unless he proves: 1° That he had not put the product into circulation; 2° That, having regard to the circumstances, there are grounds for considering that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that this defect arose subsequently; 3° That the product was not intended for sale or for…

The producer may not invoke the ground for exoneration provided for in 4° of article 1245-10 where the damage was caused by an element of the human body or by products derived from it.

The producer’s liability may be reduced or eliminated, having regard to all the circumstances, where the damage is caused jointly by a defect in the product and by the fault of the victim or of a person for whom the victim is responsible.

The producer’s liability towards the victim is not reduced by the act of a third party who contributed to the occurrence of the damage.

Clauses intended to exclude or limit liability for defective products are prohibited and deemed unwritten. However, for damage caused to goods that are not used by the victim primarily for his private use or consumption, clauses stipulated between professionals are valid.

In the absence of fault on the part of the producer, the producer’s liability based on the provisions of this chapter shall be extinguished ten years after the very product which caused the damage was put into circulation unless, during this period, the victim has taken legal action. .

An action for compensation based on the provisions of this chapter shall lapse within three years from the date on which the claimant knew or should have known of the damage, the defect and the identity of the producer.

The provisions of this chapter are without prejudice to any rights which the victim of damage may have under contractual or extra-contractual liability law or under a special liability regime. The producer remains liable for the consequences of his fault and that of the persons for whom he is responsible. .