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Subject |
Product Liability Act |
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21 |
Name |
IP_Park |
Date |
2003/10/31 16:15:42 |
Homepage |
http://www.ippark.com |
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PRODUCT LIABILITY ACT
Act No. 6109, Jan. 12, 2000
Article 1 (Purpose)
The purpose of this Act is to protect consumers against damage caused by defective products, and contribute to the safety of the citizen's life and the sound development of the national economy by regulating the liability of manufacturers, etc. for damages caused by the defectiveness of their products.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1.The term "product" means all movables, industrially manufactured or processed, even though incorporated into another movable or into an immovable; and
2.The term "defect" means the defect of any product in manufacturing, design or expression falling under any of the following items or the lack of safety that the product ordinarily should provide: and
(a)The term "defect in manufacturing" means the lack of safety caused by manufacturing or processing of any product deviating from the originally intended design, regardless of whether the manufacturer faithfully performs the duty of care and diligence with respect to the manufacturing or processing;
(b)The term "defect in design" means the lack of safety caused by the failure of the manufacturer to adopt a reasonable alternative design in a situation that any damage or risk caused by the product would otherwise be reduced or prevented; and
(c)The term "defect in expression" means conditions that a manufacturer fails to give reasonable explanations, instructions, warnings and other indications on the product, while there occurs any such damage or risk caused by the product that would otherwise be reduced or prevented;
3.The term "manufacturer" means a person falling under any of the following items:
(a)A person who is engaged in a business of manufacturing, processing or importing any product; and
(b)A person who presents himself as any person falling under item (a) by putting his name, firm name, trademark or any other distinguishable feature(hereinafter referred to as "his name, etc.") on the products, or a person who puts his name, etc. on the product in a manner mistakable for any person falling under item (a).
Article 3 (Product Liability)
(1) A manufacturer shall be liable for either damage of death or personal injuries, or damage to any item of property(other than the defective product itself) which is suffered by any person, due to a defect of the product.
(2) With respect to any product the manufacturer of which can not be identified, a person who, for profit, supplies it in a form of sale or lease, etc. shall be liable for damage referred to in paragraph (1), if, in spite that he knows or would be able to know the identity of the manufacturer or the person who has supplied it to himself, he fails to inform any injured person or his legal representative of said identity within a reasonable period.
Article 4 (Exemptions)
(1) Where a person who is liable for damage in accordance with the provisions Article 3 proves the fact falling under any of the following subparagraphs, he shall be exempted from such liability:
1. that the manufacturer did not supply the product;
2. that the state of scientific or technical knowledge at the time when the manufacturer supplied the product was not such as to enable the existence of the defect to be discovered;
3. that the defect is due to compliance of the product with any Act or subordinate statute at the time when the manufacturer supplied it; and
4. that, in case of raw materials or components, the defect is attributable to the design of the product in which any raw materials or components have been fitted or to the instructions concerning manufacturing given by the manufacturer of the product using them.
(2) Where, in spite that he knows or would be able to know the existence of any defect of the product after it has been supplied, the person who is liable for damage under the provisions of Article 3 fails to take appropriate measures to prevent the damage caused by the defect from occurring, he shall not enjoy any exemption referred to in paragraph (1) 2 through 4.
Article 5 (Joint and Several Liability)
Where not less than two persons are liable for the same damage, they shall be liable jointly and severally.
Article 6 (Restrictions on Special Agreement Concerning Exemption)
Any special agreement intended to exclude or limit any liability for damage under this Act shall be null and void: Provided, That this shall not apply to the case where a person who is supplied with any product only used for his own business concludes said special agreement with respect to damage to his business property caused by the product.
Article 7 (Time Limitations, etc.)
(1) The right for damage under this Act shall be extinguished by prescription if the injured person or his legal representative does not exercise their rights within three years from the date on which the damage and the person liable therefor under the provisions of Article 3 have come to the knowledge of either of them.
(2) The right for damage under this Act shall be exercised within 10 years from the date on which a manufacturer supplies a product causing damage: Provided, That with respect to damage caused by any substances which are accumulated in human's physical body and, in turn, hurt his heath, or any other damage the symptoms of which appear after a lapse of a certain latent period, the aforesaid period shall be reckoned from the date on which the damage occurs actually.
Article 8 (Application of Civil Act)
Matters concerning any liability for damages caused by the defect in products shall be governed by the Civil Act except as otherwise provided for in this Act.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 2002.
(2) (Applicable Cases) This Act shall apply to products supplied by a manufacturer on or after the enforcement date of this Act. |
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