Product Defects And Determine Infringement

Product defects infringement industrial mass production began in earnest after the industrial revolution, is accompanied by social welfare Western and developed a new type of product liability tort.The concept of product defects, affected legal theory and socio-economic development, in promoting the production of innovative and consumer rights between relief, seek a unity of opposites face. It also reflects the legislative purpose and value choice legislators. The concept clear product defects, product defects infringement is the cornerstone of understanding and core. Current legislators and theorists generally accepted concept of product defects, and more from the perspective of protecting consumers, that "unreasonable risk" product is a product defect. Currently, the type of product defects are divided into:design defects, manufacturing defects, instructions (warning) defects, defects observed subsequent four categories.In practice, product defects and product defects, product failure, breach of contract and other responsibilities should not distinguish between the need to protect the object based on the special nature of the product defect to distinguish the product defect is more for the "product safety" protection, qualified products if you have a product security risks, also constitute a product defect.Product defects constitute infringement, and general product infringement constitutes no difference, by tort, tort result, causality of three parts. It should be noted that, for what is "unreasonable risk", there is no unified understanding standard requires judgment by case analysis to determine, from the general purpose products, the product of normal use, to identify the product, product standards and other mandatory aspects identified.Product defects liability attributable to the implementation of the principle of no-fault principle, but compared with the general principle of no-fault, no-fault identified product defects, showing a "relative" no-fault characteristics, when found defective product liability, need more consideration product defects occur, exemptions.The main responsibility for product defects is limited to producers, sellers, transporters, warehousing person. Based on consumer rights and other factors considered convenient, producers, sellers were identified in the legislation is directly responsible for, and transporters, warehousing those people as an indirect responsibility, is not liable directly to consumers, generally based on breach of contract to producers sellers responsibility.Objective conditions, consumers are often unable to adduce evidence to prove the existence of a product defect, and therefore at a disadvantage in a product defect rights disputes, the current judicial practice has started a useful exploration, appropriate to reduce the burden of consumers. In addition, based on different types of product defects, consumers can also be based on the characteristics of the product defect, targeted evidence.