Can I claim damages if I have suffered harm due to a faulty product?
May 5, 2023 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you because I have found myself in an unfortunate situation and I am not sure how to proceed. My name is Edith Lehmann and recently I purchased a product that turned out to be faulty. As a result of using this product, I have suffered significant damage, both financially and health-wise.
The situation is as follows: a month ago, I purchased a new kitchen appliance online as my old one was defective and I urgently needed a replacement. After receiving the device, I immediately tried it out. I noticed that the machine was making unusual noises and suddenly shut off during operation. Upon inspection, I found that a part of the casing was broken and had gotten trapped in the food I was processing at the time. This not only rendered the appliance unusable, but also ruined my food.
My concern now is that I not only have to bear the financial loss of the defective appliance, but also the costs of the food I had to dispose of. Additionally, I am worried about my health, as I cannot rule out the possibility of having ingested harmful substances from the defective product. Therefore, I am wondering if I can claim damages in this situation and how I should proceed.
Could you please inform me if I have a right to claim damages and what steps I should take to assert my rights? I thank you in advance for your help and support.
Sincerely,
Edith Lehmann
Dear Mrs. Lehmann,
Thank you for your trust and your inquiry regarding the faulty product that has caused you both financial and health damage. I am sorry to hear that you have found yourself in such an unfortunate situation. I am happy to assist you in asserting your rights.
In your case, as a consumer, you generally have a right to warranty and compensation according to the legal regulations of the Civil Code (BGB). If a purchased product is defective and causes damages, you can demand the seller to remedy the defect, replace the product, or in case of a substantial defect, even a price reduction or, in extreme cases, withdrawal from the contract and compensation.
In your case, it seems to be a clear quality issue with the kitchen appliance, as not only the device itself has become unusable, but also your food has been ruined. This constitutes a significant defect that justifies your claim for compensation. Therefore, you should contact the seller immediately and inform them of the defect. Demand them to rectify the damage, whether through repair, replacement, or refund of the purchase price.
If the seller is not cooperative or refuses to meet your demands, I recommend seeking legal assistance. A lawyer can help you enforce your rights and, if necessary, take legal action such as filing a lawsuit.
It is important that you gather all relevant documents and evidence that prove the defect and the damage caused. This includes the purchase contract, invoices, photos of the defective product and the damaged food, as well as medical records if you have any health issues.
I hope this information helps you and supports you in your situation. If you have any further questions or need assistance, I am happy to help.
Best regards,
Nina Koch
Lawyer
