Best Lawyers for Product Liability Litigation in Moscow, Russia

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Lawyer
  • Location:
    Moscow, Russia
  • Practice Areas:
    Product Liability Litigation Litigation

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Practice Area Definition

Product Liability Litigation Definition

Current Russian legislation in the field of product liability is customer-focused and is strict with regard to manufacturers, sellers, and retailers. The main pieces of legislation are the Russian Civil Code, the Federal Law on Consumer Protection, as well as other federal acts and regulations of the Russian Federation adopted in accordance with the Federal Law on Consumer Protection. Product liability may arise from contract, tort, or breach of statutory duties. 

The Federal Law on Consumer Protection establishes the following types of product liability:
• proprietary liability for damage caused by defects of a product (work/service);
 liability for improper information on the product (work/service);
• liability for a violation of consumer rights;
• compensation for non-pecuniary damage.

Consumer protection legislation establishes both fault-based liability and strict liability.

Litigation        

Personal injury and damage to property arising from product defects must be compensated in full. The injured person is entitled to damages whether or not he/she has entered into a contract with the manufacturer/seller. This means that claims may be initiated not only by the buyers of a product, but also by third parties. Liability for damage cannot be limited by a contract. A contract between a manufacturer/seller and a buyer may provide for penalty fees if the contract is violated, but regardless of the payment of such penalty fees, a consumer must still be compensated for any damage suffered.

The claimant is able to claim damages from either the manufacturer or the seller.
The claimant is entitled to claim damages for distress or mental anguish as well as damages for material loss.
The manufacturer/seller is not liable for damage suffered as a result of Force Majeure or if the customer failed to comply with the product usage requirements.

Regulation

The main governmental authorities responsible for the control of product safety and quality are:
• the Federal Consumer Protection and Human Welfare Agency (http://rospotrebnadzor.ru/);
• the Technical Regulation and Metrology Federal Service (http://www.gost.ru/wps/portal/). 
Control functions are also carried out by other federal authorities according to their responsibility areas (e.g. Federal Service on Surveillance in Health Care and Social Development (http://www.roszdravnadzor.ru/).

Inside view


Specialized lawyers will either act for manufacturers/sellers on the one hand or on behalf of customers on the other. Acting for manufacturers/sellers requires a different skill set other than acting for customers. While the latter requires a law firm to deal with large number of non-professional claimants, the former requires the ability to defend a single corporate client against a large number of individuals. 

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Current Russian legislation in the field of product liability is customer-focused and is strict with regard to manufacturers, sellers, and retailers. The main pieces of legislation are the Russian Civil Code, the Federal Law on Consumer Protection, as well as other federal acts and regulations of the Russian Federation adopted in accordance with the Federal Law on Consumer Protection. Product liability may arise from contract, tort, or breach of statutory duties. 

The Federal Law on Consumer Protection establishes the following types of product liability:
• proprietary liability for damage caused by defects of a product (work/service);
 liability for improper information on the product (work/service);
• liability for a violation of consumer rights;
• compensation for non-pecuniary damage.

Consumer protection legislation establishes both fault-based liability and strict liability.

Litigation        

Personal injury and damage to property arising from product defects must be compensated in full. The injured person is entitled to damages whether or not he/she has entered into a contract with the manufacturer/seller. This means that claims may be initiated not only by the buyers of a product, but also by third parties. Liability for damage cannot be limited by a contract. A contract between a manufacturer/seller and a buyer may provide for penalty fees if the contract is violated, but regardless of the payment of such penalty fees, a consumer must still be compensated for any damage suffered.

The claimant is able to claim damages from either the manufacturer or the seller.
The claimant is entitled to claim damages for distress or mental anguish as well as damages for material loss.
The manufacturer/seller is not liable for damage suffered as a result of Force Majeure or if the customer failed to comply with the product usage requirements.

Regulation

The main governmental authorities responsible for the control of product safety and quality are:
• the Federal Consumer Protection and Human Welfare Agency (http://rospotrebnadzor.ru/);
• the Technical Regulation and Metrology Federal Service (http://www.gost.ru/wps/portal/). 
Control functions are also carried out by other federal authorities according to their responsibility areas (e.g. Federal Service on Surveillance in Health Care and Social Development (http://www.roszdravnadzor.ru/).

Inside view


Specialized lawyers will either act for manufacturers/sellers on the one hand or on behalf of customers on the other. Acting for manufacturers/sellers requires a different skill set other than acting for customers. While the latter requires a law firm to deal with large number of non-professional claimants, the former requires the ability to defend a single corporate client against a large number of individuals.