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Photovoltaics: a defect in an integrated connection box entitles the purchaser to compensation under product liability law

Photovoltaics: a defect in an integrated connection box entitles the purchaser to compensation under product liability law

Published on : 16/06/2025 16 June Jun 06 2025
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Source: www.courdecassation.fr

A property owner had hired a company to install photovoltaic panels on her roof. These panels included defective connection boxes manufactured by another company, both of which were insured. Following a malfunction, the owner obtained compensation for her material and operating losses from the installer's insurer. The latter then called on the manufacturers' insurers to cover the claim.

The Court of Appeal held that the defect affected only the connection boxes, which had caused separate damage to the photovoltaic panels, justifying their replacement. It therefore ordered the manufacturers' insurers to cover the installer's insurer.

The Court of Cassation upheld this analysis. It considered that the boxes, although incorporated into the panels, were separate products. As their defect caused damage to the panels themselves, this damage is repairable under product liability. It also rejected the exclusion clauses invoked by the insurers, considering that the damage to the panels and the resulting loss of business fell within the scope of the guarantee. The appeal was therefore dismissed.
 
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