Defective product: the Court of Cassation upholds the professional's full claim against the manufacturer
Published on :
11/03/2026
11
March
Mar
03
2026
A customer was seriously injured after an elastic strap on a carousel broke.
The operator was ordered to pay full compensation to the victim on the basis of its duty to ensure safety. The operator then sought recourse against the manufacturer of the elastic strap on the grounds of liability for defective products.
The Court of Appeal upheld the finding of a product defect but limited the manufacturer’s liability to 50%, ruling that two liable parties without fault must contribute equally.
The defect was confirmed by the Court of Cassation: an elastic strap designed to support a basket must not break. No abnormal use was demonstrated.
However, the 50-50 apportionment was rejected. The professional, who is bound by a duty of safety and who committed no fault in the use of the product, may obtain from the manufacturer full reimbursement of the sums paid to the victim.
Liability towards the victim and the final contribution to the debt are distinct. Ultimately, in the absence of fault on the part of the professional user, the manufacturer alone bears the full burden of compensation.
History
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