Produce character to measure occurrence issue, victim, manufacturer, how is businessman responsibili

Everybody is good, civil code class is outputted continuously on behalf of Apple now in, chat with everybody today " product quality standard " medium product liability problem.

Above all, introduce a case.

Product liability is to because the product has drawback,point to, created the customer of the product. The person harm of the person that use or other a third party or belongings loss, answer lawfully by generator or the responsibility of a kind of law that the person that sell parts or are in charge of compensation jointly. Inside liability insurance domain, product liability insurance is to develop relatively quick a place difficult of access to plant. Shopkeeper, jobber and manufacturer are right by the commodity that leaves sale and manufacturing room use or consume the harm that cause to be considered as onerous.

This has two crucial place:

1. blemish product just can bring about product liability

2. generator is not to have fault responsibility (that is to say, product presence blemish causes person, other property damages, no matter whether does generator have fault, generator ought to assume liability to pay compensation)

So according to case, we limit liability.

① Sun Mou " get hurt " , the specification makes the consequence that damages into person, it is tort liability. ② " number already was maintained to be before New Year unqualified

Product " , explain the product has drawback, it is problem of blemish product liability. Does ③ operator include: ? Some supermarket of? of stop up of  of benzene the tenth of the twelve Earthly Branches) , franchisee

Company of brilliant brilliant trade) , generator (ran machine produces business) . In cause Sun Mou to get hurt below the circumstance, victim (Sun Mou) can to produce

Tasted generator seek redress, OK also the sell person to the product seek redress.

(1) did not throw the product current;

(2) when the product is devoted and current, cause harm defect still nonexistent;

(3) still cannot discover the level of science and technology when the product is devoted and current to blemish exists.

At the same time law sets, as a result of the victim cause intentionally damage, the generator, person that sell does not assume liability to pay compensation; Because the victim's error is caused,damage, can reduce the liability to pay compensation of the generator, person that sell.

The litigant effectiveness for a given period of time of product liability. According to " product quality standard " the 45th regulation, the lawsuit of product liability is 2 years during effectiveness for a given period of time, know to perhaps ought to know the right is risen consideration by the sun of enroach on from party. The longest cannot exceed 10 years, from blemish product delivery the sun of first customer rises consideration, but have not exceed bright the except between shown reliable life.

Mr Wang has authority to produce business claim for compensation to this ran machine. Have right to A company, supermarket claim for compensation.

Law of manufacturing business, distributors depends on ran machine to all want to assume responsibility of blemish product tort. To the victim character, both is joint liability (according to civil code theory, for truly not implicative duty body, money holds the post of) . Because this king gentleman has Quan Xiangsheng,produce claim for compensation of business, distributors.

After the supermarket is compensated for to Mr Wang, have right the manufacturing business claim for compensation to this ran machine. Also have right to A company claim for compensation.

It is operator interior seeks countervail issue. This ran machine person compensatory number already was maintained to be rejected product before New Year, knowable it is product blemish. The supermarket has authority to produce business claim for compensation to this ran machine. And exceed stating city is shopkeeper, be handle replenish onr's stock from franchisee, so the supermarket has claim for compensation of company of trade of Quan Xianghuang brilliant.

Legal basis is " product quality standard " the 43rd: ? It is OK that the  that make ancient name for a kind of scorpion smooth with a rake turns over Bi a surname to finish twinkling of  of rancorring ⑺ of pine of fan of wild rice Fei casts aside victim of? of  ferociousing Φ the generator seek redress to the product, OK also the sell person to the product seek redress. Attribute the responsibility of the generator of the product, the sell person of the product compensates for, the sell person of the product has right to the product do not get generator to chase after countervail. Attribute the responsibility of the sell person of the product, the generator of the product compensates for, the generator of the product has authority to chase after countervail to the sell person of the product.