Who is responsible for product liability and what is the concept of product liability?

The main body of responsibility for product liability is the producer and the seller.

Product liability, also known as product infringement liability for damages, refers to the existence of products that may endanger personal and property safety.

The unreasonable danger is a special tort liability that the manufacturer or seller of the defective product shall bear after causing personal or other property damage to the consumer or other than the defective product.

Product liability refers to the consumer who causes a product to be defective due to it. It is a legal liability for personal injury or property damage of the user or other third party, which shall be compensated separately or jointly by the producer or seller according to law. In the field of liability insurance, product liability insurance is a relatively fast-growing type of insurance.

Retailers, wholesalers, and manufacturers are considered legally liable for injuries caused by the use or consumption of goods that leave the place of sale and production.

The main body responsible for product quality is the producer and the seller. However, if social groups and social intermediaries make false promises about product quality and guarantee losses to consumers, they shall bear joint and several liability. Therefore, the subject of responsibility is no longer limited to producers and sellers in special circumstances.

Where false publicity is made about product quality in advertisements to deceive or mislead consumers, legal responsibility shall be pursued in accordance with the provisions of the Advertising Law.

[Legal basis].

Article 3 of the Product Quality Law Producers and sellers shall establish and improve the internal product quality management system, and strictly implement the post quality specifications, quality responsibilities and corresponding assessment methods. Article 8 of the "Product Quality Law" is in charge of the national product quality supervision department. The relevant departments are responsible for the supervision of product quality within the scope of their respective responsibilities.

The local market supervision and administration department at or above the county level shall be in charge of product quality supervision within its administrative area. The relevant departments of the local people's government at or above the county level shall be responsible for the supervision of product quality within the scope of their respective responsibilities. Where the law has other provisions on the supervision department of product quality, it shall be implemented in accordance with the provisions of the relevant laws.

Legal basis: Civil Code of the People's Republic of China

Article 1200 If the product is defective and causes damage to others, the manufacturer shall bear tort liability.

Article 1203: Where a defective product causes damage to others, the infringed party may request compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

Article 1200 Li Lu 04 If the product is defective due to the fault of the transporter, warehouse or other third party, causing damage to others, the producer or seller of the product shall have the right to recover compensation from the third party after compensation.

Article 1205: Where the safety of the person or property of others is endangered due to a defect in the product, the infringed party has the right to request the producer or seller to bear tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.

Article 1206: If a product is found to be defective after it has been put into circulation, the producer or seller shall promptly take remedial measures such as stopping sales, warning, recall, etc.; Where remedial measures are not taken in a timely manner or the remedial measures are ineffective and the damage is expanded, tort liability shall also be borne for the expanded damage. Where recall measures are employed in accordance with the provisions of the preceding paragraph, the producer or seller shall bear the necessary expenses incurred by the infringed party.

Article 1207: Where a product is produced or sold knowing that it is defective, or where effective remedial measures are not taken in accordance with the provisions of the preceding article, resulting in the death of others or serious damage to their health, the infringed party has the right to request corresponding punitive damages.

The main body of responsibility for product liability is the producer or seller. If the product is defective and causes damage to others, the victim may request the manufacturer to bear the responsibility, and may also request the seller to bear the responsibility. After the producer and the seller bear the responsibility, they can recover from the party who is actually at fault.

[Legal basis].

Article 1202 of the Civil Code provides that if a defective product causes damage to others, the producer shall bear tort liability. Article 1203:Where damage is caused to others due to defects in Youyou's products, the infringed party may request compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation.

If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation. Article 1204 Where a product is defective due to the fault of a third party such as a transporter or a warehouser, causing damage to others, the producer or seller of the product shall have the right to recover compensation from the third party after compensation.