You are here :
  1. Home
  2. Defective product: The manufacturer remains liable for a safety defect in its machine even if the victim has made unauthorised modifications to it – only the amount of compensation may be reduced
Defective product: The manufacturer remains liable for a safety defect in its machine even if the victim has made unauthorised modifications to it – only the amount of compensation may be reduced

Defective product: The manufacturer remains liable for a safety defect in its machine even if the victim has made unauthorised modifications to it – only the amount of compensation may be reduced

Published on : 02/10/2026 02 October Oct 10 2026
Actualités

A farmer had bought a straw baler whose rear door was too narrow to allow him to enter the machine. He had therefore widened the opening so that he could remove the net surrounding the bales of straw, a necessary step to prevent the mechanism from jamming.

 

Whilst he was inside, a barrier accidentally triggered the external door-closing button. The farmer was crushed by a bale of straw and died of asphyxiation. His family, his farm and his insurer sought to hold the manufacturer liable on the grounds of liability for defective products.

 

The Versailles Court of Appeal held the manufacturer liable. In its view, the machine had several design faults: the net could not be properly removed from the outside and the control button, which was inadequately protected, could be activated unintentionally.

 

It considered that the machine did not provide the safety that its user could legitimately expect. It ruled out any fault on the part of the victim, finding that the accident resulted solely from defects in the straw spreader. The manufacturer was therefore ordered to pay full compensation for the damages.

 

The Court of Cassation confirmed the existence of the safety defect and the causal link with the accident. It also clarified that the manufacturer’s acquittal on the criminal charge of manslaughter did not preclude the bringing of a civil action based on liability for defective products.

 

It did, however, criticise the Court of Appeal regarding compensation. The victim had modified the machine and had entered it despite a pictogram prohibiting such access. This negligence had to be taken into account, even though the modification was intended to remedy a design fault.

 

The case has therefore been referred back to the Orléans Court of Appeal, which will have to determine to what extent the victim’s negligence reduces the manufacturer’s liability. To be continued…

Source: Cour de Cassation, 23 septembre 2026, n°25-12.051
Share on
Publish this article Share on LinkedIn Share on Facebook Send by E-mail

History

<< < 1 2 3 4 5 6 7 ... > >>
Septeo Digital & Services © 2024
Browser not supported

The Internet Explorer browser you are currently using does not display this website correctly.

We recommend that you download and use a more recent and secure browser such as Google Chrome , Microsoft Edge , Mozilla Firefox , or Safari (for Mac) for example.
OK