First, what is the product liability dispute in the Civil Code?
A product liability dispute in the Civil Code refers to a dispute in which the producer or seller shall bear individual or joint civil liability according to law because of the inherent defects of the product, which causes personal or property damage to the consumers, users or other third parties of the product, or has the danger of causing personal or property damage to others. Zhaofa. Com reminds you that product liability is not a contractual liability, nor is it the same as product quality liability, but a special form of tort liability.
Second, the competent court of product liability disputes
Article 29 of the Civil Procedure Law stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. The place of infringement here includes the place where the infringement occurred and the place where the infringement result occurred. Specific to product liability litigation, the place where the infringement occurs is the place where the defective product is put on the market; The place where the result occurs is the place where the victim is damaged. According to the provisions of laws and relevant judicial interpretations, the people's courts of product producers, product sellers, places where the infringement occurred and the defendant's domicile all have the right to have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others. The plaintiff may bring a lawsuit to the people's court.
Third, the types of product liability disputes
In practice, product liability disputes mainly include:
1 A product producer's liability dispute refers to a dispute in which the product producer (i.e., the person who processes and produces the product for circulation) should bear civil liability for personal and property damage caused by defects in the product.
2. The dispute over the liability of product sellers refers to the dispute caused by the fact that the product is defective, causing personal and property damage to others, and the product seller (the person who implements the circulation of the product) should bear civil liability.
3. The product carrier's liability dispute refers to the dispute that the product defect is caused by the fault of the product carrier, causing personal and property damage to others, and should bear corresponding responsibilities according to law.
4, product warehouse liability disputes, refers to the product defects caused by the fault of the product warehouse, resulting in personal and property damage to others, according to the law should bear the corresponding responsibility and disputes.