Product Liability in Poland: Risks for Manufacturers and Importers

Product liability in Poland is a statutory regime under which a producer may be required to compensate damage caused by a dangerous product, regardless of whether a contractual relationship exists between the injured party and the producer. The core rules are set out in Articles 449¹-449¹¹ of the Polish Civil Code [1].

For international manufacturers, importers and distributors, product liability issues in Poland extend beyond compensation claims. A defective product may trigger recalls, regulatory scrutiny, contractual disputes, reputational damage and, in serious cases, criminal exposure for individuals responsible for product safety decisions.

Liability for a dangerous product under the Polish Civil Code

Under Article 449¹ of the Civil Code, a producer is liable for damage caused by a dangerous product. A product is considered dangerous if it does not provide the safety that may reasonably be expected, taking into account its normal use.

The safety assessment is fact-specific. It may depend on:

• the presentation of the product, including warnings, instructions and labelling;
• the reasonably foreseeable method of use;
• the date on which the product was introduced into circulation;
• the product’s technical characteristics and intended users;
• evidence concerning safer technical solutions available at the relevant time.

The Civil Code defines a product broadly. It includes movable property, animals and electricity. A component may also be treated as a separate product where its defect causes damage.

Who can be liable for a defective product in Poland?

The primary liable party is the producer. This includes not only the actual manufacturer of the finished product, but also a manufacturer of raw materials or components, where the defect relates to those elements.

Liability may also apply to an entity that places its name, trademark or other distinguishing sign on the product. In practice, this means that a private-label business may be treated as a producer even if manufacturing is outsourced.

Importer liability in defective product cases in Poland is particularly important for businesses placing products of foreign origin on the Polish market. An importer that introduces such a product into domestic circulation in the course of its business activity may be liable on the same basis as the producer under Article 449¹ § 2 of the Civil Code [1].

A distributor may also be exposed if, within one month of being notified of the damage, it fails to identify the producer and the person from whom it acquired the product; for an imported product, it must also identify the importer. Supply-chain documentation should therefore allow a distributor to identify responsible economic operators quickly and accurately.

Four statutory exceptions to product liability

Article 449³ of the Civil Code provides four key exceptions. The producer is not liable where:

1. it did not introduce the product into circulation;
2. the dangerous properties of the product appeared after it was introduced into circulation, unless they resulted from a cause already existing in the product;
3. the dangerous properties of the product could not have been predicted, taking into account the state of science and technology at the time when the product was introduced into circulation;
4. the dangerous properties resulted from the application of provisions of law.

These exceptions should not be treated as routine defences. They require evidence, usually including technical records, product testing, quality-control documentation, regulatory analyses and records showing the scientific and technical state at the time of market placement.

A business relying on the development-risk exception must be able to demonstrate more than internal ignorance of the risk. The relevant question is whether the risk was objectively unforeseeable in light of available science and technology.

Product liability claims limitation period

A product liability claim generally becomes time-barred after three years from the date on which the injured person learned, or with due diligence could have learned, of the damage and of the person liable for it. However, the claim expires no later than ten years after the product was introduced into circulation, pursuant to Article 449⁸ of the Civil Code [1].

These periods should be considered separately from contractual warranty claims, claims under general tort rules and commercial claims between parties in the supply chain. The applicable limitation period depends on the legal basis and factual circumstances of the case.

For a business, preserving evidence is therefore essential. Technical files, batch records, certificates, supplier agreements, complaint records and internal incident reports may become critical years after a product has been sold.

Product recall liability in Poland: regulatory and commercial consequences

A product recall is not automatically an admission of civil liability. Nevertheless, delayed or poorly managed recall action can increase exposure to damages, regulatory penalties and reputational loss.

Consumer products placed or made available on the EU market are subject to Regulation (EU) 2023/988 on general product safety, known as the General Product Safety Regulation or GPSR [2]. The GPSR applies directly in Poland and requires economic operators to take corrective measures where a product is dangerous. Such measures may include warnings, withdrawal from the market or recall from consumers.

Economic operators must also notify relevant authorities through the Safety Business Gateway without undue delay where they consider or have reason to believe that a product they have placed or made available on the market is dangerous. Recall notices must be clear, transparent and capable of effectively reaching affected consumers. Article 35 of the GPSR addresses recall notices, while Article 36 regulates remedies for consumers in the event of a recall [2].

In Poland, market surveillance and product-safety enforcement are supported by the Act of 13 April 2016 on conformity assessment systems and market surveillance, as amended [3]. The competent authority depends on the product category. For example, different authorities may be involved in relation to food, medical devices, cosmetics, toys, industrial products or consumer goods.

New Product Liability Directive: software and digital products

Directive (EU) 2024/2853 on liability for defective products will replace the previous EU product liability framework [4]. Member States must transpose the Directive by 9 December 2026. It will apply to products placed on the market or put into service after that date.

The new Product Liability Directive software rules are especially relevant to technology businesses. The definition of product expressly covers software, including software supplied separately from a tangible item, digital manufacturing files and related services that are integrated into, or interconnected with, a product in a way that their absence would prevent the product from performing one of its functions.

This is a material change for manufacturers of connected devices, software developers, distributors of smart products and operators managing updates. A defect may arise from cybersecurity vulnerabilities, inadequate updates, malfunctioning software or a failure to provide safety-related updates that consumers may reasonably expect.

The Directive also expands the categories of potentially liable parties and improves claimants’ access to evidence in certain circumstances. Businesses operating in Poland should begin reviewing technical documentation, incident response procedures and contractual risk allocation before the new rules become applicable.

Product liability insurance in Poland and risk allocation

Product liability insurance policies in Poland can reduce financial exposure, but insurance does not replace compliance controls. Coverage should be reviewed for territorial scope, recall costs, defence costs, exclusions for known defects, cybersecurity risks and contractual liabilities assumed by the insured.

Supply agreements should also address quality standards, testing obligations, audit rights, indemnities, insurance requirements, incident reporting and recall cooperation. Contractual allocation of risk does not eliminate liability towards an injured consumer, but it may determine which business ultimately bears the financial burden.

Lawyersinpoland.com by Kopeć & Zaborowski supports businesses in assessing product-safety risks, responding to claims and managing regulatory investigations. For a focused legal assessment of a product incident, recall plan or supply-chain exposure, contact us.

FAQ – Product Liability in Poland

Can an importer be liable for a defective product in Poland?

Yes. An importer that introduces a product of foreign origin into circulation on the Polish market in the course of its business activity may be liable on the same basis as the producer under Article 449¹ § 2 of the Civil Code.

Is fault required for product liability claims in Poland?

No. Liability for a dangerous product under Articles 449¹-449¹¹ of the Civil Code is generally strict liability. The claimant does not need to prove the producer’s fault, but must demonstrate damage, a dangerous product and a causal link.

Does Polish product liability cover damage to the defective product itself?

Generally, no. Article 449⁷ of the Civil Code excludes compensation for damage to the dangerous product itself and for lost benefits connected with its use. Other legal grounds, including contractual claims, may be relevant depending on the facts.

How long can a product liability claim be brought in Poland?

As a rule, the limitation period is three years from obtaining knowledge of the damage and the liable person. In any event, the claim expires ten years after the product was introduced into circulation, subject to the rules in Article 449⁸ of the Civil Code.

Does a product recall mean that the producer has admitted liability?

No. A recall is a safety measure and does not automatically constitute an admission of civil liability. However, recall decisions, internal communications and corrective actions may later be examined in civil or regulatory proceedings.

Will software be covered by the new EU product liability rules?

Yes. Directive (EU) 2024/2853 expressly covers software, including standalone software, software integrated into products and digital manufacturing files. The detailed application in Poland will depend on national transposition rules and the date on which the product is placed on the market or put into service.

Bibliography

[1] Act of 23 April 1964 – Civil Code, consolidated text: Journal of Laws of 2025, item 1071, in particular Articles 449¹-449¹¹.

[2] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Council Directive 87/357/EEC.

[3] Act of 13 April 2016 on conformity assessment systems and market surveillance, as amended, including the Act of 21 November 2024 amending the Act on conformity assessment systems and market surveillance and certain other acts.

[4] Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC.