Comparative Study About Tort Liability Of Product's Self-inflicted Damage

All types of torts focus on the determination of compensations'scope for damages, the product liability is in such a situation as well. In the product liability system, whether the infringer should be liable for torts responsibility when the defective product itself is injured, is a controversial issue in law theories and judicial practices of many countries in the world. The attitude to this problem can be divided into three categories: the deniers who take the pure economic rule as the representative, they insist that the range of the system of contract and tort can not be confused; the supporters who concerns the protection of victims'rights, they think it is not wise to restrict the range strictly, or the victims can't receive the compensation some time; the compromise faction who thinks the case should be handled flexibly according to the differences of transaction parties, the nature of the product defects, how the damage occurs and so on.From the point of comparative laws, most countries of common law system support the deniers, which can be seen in majority cases and statutes of these countries. But there are few precedents that hold the standpoint of the supporters or the compromise faction as well. It is certain that this can handle the problem through various ways. Most countries of civil law system hold the viewpoint of deniers as well, which can be seen through their laws, but they also create some theories to respond to the needs of the judicial practice. Taiwan region of our country also takes this point of view, but some recent judicial precedents also form a challenge to it. Overall, although most countries or regions of common law system and civil law system support the deniers, all of them inform some exceptions through judicial precedents and some innovations in juristic theory.In our country, we should allow that the damage to product itself can be resolved in tort law system. On one hand, there are no barriers through the explanation of the legislation; on the other hand, if we exclude this damage out of the tort law system, there will be many kinds of problems produced. That is the reason that there are some precedents which put this damage into the scope of tort compensation. So based on the precondition that our country defines the products "defective" with a strict standard, we should allow that the damage to product itself can be resolved in tort law syst, no matter whether the victims are consumers or operators. But, other pure economic loss after the product is damaged should be controlled strictly.