What is product liability?
Product liability is the legal responsibility for damage caused by a defective or unsafe product. It may arise where a product does not provide the level of safety that a person may reasonably expect, taking into account its presentation, intended use, reasonably foreseeable use and the time when it was placed on the market.
Under Polish law, product liability is primarily regulated by the Civil Code provisions implementing the European product liability framework. The rules generally concern compensation for personal injury and damage to private property caused by a dangerous product. Liability may apply even if the injured person does not have a direct contract with the manufacturer or seller.
The party responsible is usually the producer, but liability may also affect an importer, a business presenting itself as the producer by placing its name or trademark on the product, or, in certain circumstances, a supplier. The assessment depends on the product’s origin, the supply chain and the role performed by each business involved in placing it on the market.
What does product liability cover?
Product liability may concern physical goods, components, machinery, consumer products, medical devices, food, cosmetics, vehicles, electrical equipment and construction materials. A defect may result from an unsafe design, a manufacturing error, insufficient testing, inadequate instructions for use, missing warnings or a failure to provide safety information in an appropriate form.
In practice, disputes often arise after an accident, injury, fire, contamination, property damage or product recall. A claimant may seek compensation for bodily harm, health impairment, medical expenses, loss of income or damage to property intended for private use. The available claims and the scope of recoverable losses depend on the facts of the case and the legal basis relied upon.
For businesses, product liability also involves risks beyond compensation claims. A defective product may lead to contractual disputes with distributors and customers, recall costs, regulatory proceedings, reputational damage, insurance disputes and disruptions in the supply chain. Companies should therefore distinguish between statutory product liability, contractual warranty obligations and liability for defects under sale or service agreements.
The EU product liability framework is undergoing reform. Directive (EU) 2024/2853 expands the modern approach to defective products, including certain digital elements, software and related services. Member States must transpose the directive by 9 December 2026, and the new rules will generally apply to products placed on the market or put into service from that date, subject to the directive’s temporal rules. Businesses supplying digital products or connected devices should monitor these changes when designing compliance and risk-management procedures.
When is it worth seeking product liability advice?
Individuals may need legal support after suffering injury or property damage allegedly caused by a product. This may include situations involving household appliances, pharmaceuticals, food products, vehicles, children’s products, electronic devices or industrial equipment used outside a professional context. Legal analysis can help identify the potentially liable entities, preserve relevant evidence and determine whether a claim should be directed against the producer, importer, supplier, seller under another legal basis or insurer.
Entrepreneurs should seek advice before placing products on the Polish or EU market, particularly where they manufacture, import, distribute, label, modify or sell products under their own brand. Product liability issues should also be considered during mergers and acquisitions, legal due diligence, the launch of new product lines, negotiations with suppliers and the preparation of distribution arrangements.
Prompt consultation with a lawyer may help avoid mistakes in product documentation, instructions, warning labels, contractual allocation of risk and communication with customers or public authorities. It may also reduce the risk of disputes, regulatory exposure, financial losses and liability arising from an improperly managed product incident or recall.
In a dispute, evidence is particularly important. Product samples, photographs, purchase documents, technical records, quality-control reports, safety assessments, correspondence, expert opinions and information concerning the product’s traceability may be relevant to determining whether a defect existed and whether it caused the alleged damage.
Legal support in product liability matters may include:
- assessing whether a product may be considered defective or unsafe;
- identifying potentially liable entities in the production and distribution chain;
- reviewing product documentation, instructions, warnings and labelling;
- drafting and negotiating supply, manufacturing, distribution and recall-related agreements;
- advising on product recalls, customer communications and cooperation with regulators;
- representing injured parties and businesses in negotiations, litigation and insurance disputes;
- conducting legal due diligence related to product safety and historical claims;
- advising on the impact of EU product liability rules on physical and digital products.
Need assistance with a product liability matter? Contact us.