1. The manufacturer of a defective product is liable for damage caused by that product, regardless of whether or not they were in a contractual relationship with the injured party, except in the following cases: a) the product was not put into circulation by them; b) based on the circumstances of the case, it can be assumed that the defect which caused the damage did not exist at the time the product was put into circulation; c) the manufacturer did not produce the product for sale or any other commercial purpose, nor within the scope of their professional activity; d) the product has a defect that, at the time it was put into circulation, complied with the regulations in force at that time; e) it was impossible to detect the defect given the state of scientific and technical knowledge existing at the time the product was put into circulation.
2. The liability of the manufacturer of a component part of a product is also excluded if the defect was caused by the design of the product into which this part was incorporated.
3. The manufacturer's obligation to compensate for damage is reduced or completely excluded if the occurrence of the damage was caused by the fault of the injured party or of a person responsible in their place.
4. The manufacturer's liability is not reduced if the damage was caused by a defect in the product and at the same time by the act of a third party.
Definition of a Defective Product
1. A product is considered defective if it does not provide the safety which, taking all circumstances into account, was to be expected from that product.
2. A product is not considered defective solely because a better product was later introduced into circulation.
