If injury or damage is caused by a product to a person or property, the manufacturer, distributor or seller of the product can be liable to pay damages. DLA Piper is here to help, both when it comes to preventative advice and resolving disputes of a civil or administrative nature. Our dispute resolution and regulatory lawyers have in-depth experience representing clients in this area of law.
In simplified terms, product liability in Finland can be divided into two categories: liability in B2C relations and in B2B relations.
In B2C relations, the relevant provisions can be found in the Finnish Product Liability Act. Compensation is paid for an injury or damage sustained or incurred because the product was not as safe as could have been expected. Liability under the Act is strict liability. Therefore, the liability is independent of whether the liable party acted negligently or intentionally.
In B2B relations, the liability to pay damages may arise based on negligent conduct or a contract between the parties, except for personal injuries for which strict liability is applied. Unlike in B2C relations, in B2B relations liability can also be mitigated by contractual clauses.
When potentially dangerous products are marketed, a claim in administrative proceedings can be brought, and damages in civil proceeding may be sought. Therefore, it is crucial for manufacturers, distributors and sellers of goods to comply with regulatory requirements. We offer full-service legal support on product liability compliance for domestic and international companies. Our Helsinki team of dispute resolution and regulatory lawyers is well equipped to negotiate and work with local regulators and law enforcement agencies to get the most strategic outcome for our clients. We also assist clients in civil and administrative proceedings.
Our Helsinki team has significant experience in advising on matters related to consumer product liability and product safety, assisting clients at the pre-trial stage of proceedings and in litigation. Our consumer product practice advises clients from various sectors such as retail and food. We represent clients in civil and administrative court proceedings, including product recall processes.
Product liability losses are a significant risk to business operations. Therefore, in addition to making preventative efforts, companies may wish to mitigate their risks by purchasing product liability insurance. With in-depth knowledge and extensive experience from the insurance sector, our Helsinki team of dispute resolution and regulatory lawyers provides wide-ranging legal support on product liability insurance related matters. We assist and represent clients at the pre-trial stage of proceedings as well as in litigation.