PRODUCT LIABILITY
As part of the sale of your products, you may be faced with a non-compliance issue, which may lead to a product recall procedure, or be the source of a dispute initiated by one of your customers.
You need to effectively and quickly avoid:
- Uncontrolled media coverage of the recall,
- A production shutdown,
- Impairment of your brand image leading to consumer rejection,
- An investigation by the authorities,
- A reaction from your competitors.
Product liability: multiple legal bases
The scope of civil liability for sales and after-sales is extremely broad, complex and technical insofar as the legal bases are multiple:
- The guarantees of the Civil Code: legal guarantee of conformity, hidden defects, contractual,
- Liability for defective products,
- The obligation to inform the seller,
- The seller’s duty to advise,
- The obligation of result of the repairer.
Professionals have an increased responsibility due to broad presumptions that weigh on them due to knowledge of the technique and the product, binding obligations (performance obligations, information obligations, burden of proof, etc.) and incur significant risks (sale resolution, damages, etc.)
Gouache Avocats accompanies you if your products may present a risk to users.
Upstream, our lawyers support you in the assessment of risks, and assist you in the choice of actions to put in place to control the risks incurred.
During investigations by authorities, Gouache Avocats assists you during operations, and helps you respond effectively to notifications.
Gouache Avocats assists you in the pre-litigation and litigation phases, if your liability is incurred as a result of the sale of your products.
Our intervention allows you to manage your problem by ensuring its confidentiality to preserve your brand image.
Guillaume Gouachon
Avocat associé
Responsable "Consommation, produits et conformité"
Martine Behar Touchais
Professeur de droit Of counsel
Responsable "Distribution & Concurrence"
