When you are liable for damages

När du är skadeståndsskyldig - English

If a product is faulty or your company have been guilty of a delay, the consumer is entitled to compensation for the financial damage this has caused to him or her.

The consumer is entitled to damages regardless of whether the purchase has been cancelled or if the defect has been rectified by you. Examples of costs for which you may be required to provide compensation:

  • Expenses. For example, for travel and transport if the consumer must travel in order to have an item defect remedied.
  • Loss of income. For example, if the consumer has to take time off work to wait for a repairman whose arrival is delayed.
  • Price difference. If the purchase has been cancelled and the consumer is thus forced to buy another item that costs more than the first item. Such a cover purchase must always take place within a reasonable period of time and with a certain amount of care, inter alia, with regard to the price and quality of the item.
  • If you damage something that the consumer owns, you may be required to pay compensation. For example, it could be that the dishwasher leaks water and damages the floor, or that you spill some paint.

In the event of damage to anything other than the product itself (including personal injury), product liability may also exist under the Product Liability Act. This liability applies does not only to the person with whom you have entered into a contract; rather, compensation can be sought by all injured parties.

The person claiming damages must prove that she/he has suffered damage

It is the person who claims damages who must prove which costs have been incurred. E.g. with certification of loss of income or repair and travel receipts from her/his employer.

Keep in mind!

Companies often have insurance that can be used in the event that the company becomes liable. Check what insurance policies you have.

Proofread 20 November 2020

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