Consumers sometimes suffer harm from product defects. Kuwait's Civil Code and Consumer Protection Law govern liability for such products, obligating manufacturers and sellers to compensate the injured party.
Table of Contents
Bases of Product Liability
Contractual Liability
- Arises between seller and buyer
- Based on the sale contract and hidden defects warranty
- Requires a direct contractual relationship
- Governed by Civil Code provisions
Tortious Liability
- Arises toward any injured person (even non-buyers)
- Based on fault or negligence in manufacturing
- No contractual relationship required
- Covers manufacturer, distributor, and importer
Defects Triggering Liability
- Manufacturing defect: A flaw in the production process making the product deviate from specifications
- Design defect: A flaw in the design itself making all products of that type hazardous
- Warning defect: Failure to provide adequate warnings about usage risks
- Instruction defect: Failure to provide clear and correct usage instructions
Who Is Liable
- Manufacturer: Primary responsibility for product safety and defect-free condition
- Importer: Bears liability for imported products like the manufacturer in some cases
- Distributor: Liable if contributing to delivering a defective product or failing inspection duties
- Seller: Guarantees hidden defects and is contractually liable to the buyer
- Service provider: Liable for products used in service delivery
Hidden Defects Warranty
- Hidden: Not discoverable by ordinary buyer inspection
- Pre-existing: Present at the time of sale, even if appearing later
- Material: Substantially reducing the product's value or utility
- Unknown to buyer: The buyer was unaware of the defect at purchase
Manufacturer's Tortious Liability
- The defect in the product must be proven
- The damage suffered must be proven
- Causation between defect and damage must be established
- Proving the manufacturer's fault is not required — proving the defect suffices (presumed liability)
Compensation Elements
- Bodily harm: Medical costs and injury compensation
- Material damage: Value of the defective product and any damaged property
- Lost profits: Income lost due to injury
- Moral damage: Compensation for pain and psychological suffering
- Product replacement: Right to replacement or price refund
Liability Exemptions
- Force majeure: An unforeseeable, irresistible external event
- Victim's fault: Damage resulted from product misuse
- Third-party act: A third party's modification or interference caused the defect
- Buyer's knowledge: The buyer knew of the defect and purchased regardless
- Standards compliance: The product conforms to applicable mandatory standards
Limitation Periods
- Hidden defects warranty: six months from delivery or defect discovery
- Tortious liability: three years from knowledge of the damage and responsible party
- Limitation does not begin until the defect is discovered or known
Frequently Asked Questions
I bought a device that exploded and injured me — whom do I sue?
You may sue the seller contractually (hidden defects warranty) and the manufacturer and importer in tort (harmful act). You may claim against any or all of them.
Is the seller exempt if they wrote "sold goods are non-returnable"?
Such a clause is void as it conflicts with mandatory warranty provisions. The seller remains liable for hidden defects despite this clause if they knew of the defect.
Can a non-buyer claim compensation?
Yes, anyone who suffered damage from a defective product may claim compensation on a tortious liability basis, even if they were not the buyer.
Defective Product Claims
If you suffered harm from a defective product, you have a right to compensation. Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm — handles defective product cases and compensation claims. Contact us.
Disclaimer: This article is for legal education purposes only and does not substitute professional legal advice. Laws and judicial interpretations are subject to change.
