When defective or dangerous products cause you harm, you have the right to seek compensation. Understanding how product liability claims work under Polish law empowers you to protect your health, safety, and financial interests effectively.
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective or unsafe products. Under Polish law, specifically the Civil Code (Kodeks Cywilny) and consumer protection regulations, manufacturers are required to ensure their products are safe for consumer use and meet established quality standards.
A product is considered defective when it fails to provide the level of safety that consumers can reasonably expect, considering its presentation, intended use, and the time it was placed on the market. This broad definition protects consumers from various product-related hazards, from food contamination to mechanical failures in appliances.
Polish law recognizes three main types of product defects: design defects (the product was inherently unsafe from conception), manufacturing defects (something went wrong during production), and marketing defects (inadequate warnings or instructions). Understanding which type of defect affected you strengthens your compensation claim.
Medical expenses, hospitalization costs, rehabilitation, ongoing treatment, and pain and suffering resulting from injuries caused by the defective product.
Lost wages due to inability to work, reduced earning capacity, cost of the defective product itself, and other property damage directly caused by the product failure.
Compensation for psychological trauma, emotional distress, reduced quality of life, permanent scarring or disfigurement, and other non-monetary harm.
Polish courts consider various factors when calculating compensation amounts, including the severity of injuries, duration of recovery, impact on your ability to work, and long-term consequences. Punitive damages are rare in Polish law but may be awarded in cases of gross negligence or willful misconduct by manufacturers.
Preserve the defective product, keep all receipts and purchase documentation, take photographs and videos of the damage or defect, maintain medical records if injured, and document all related expenses with receipts and invoices.
Send a formal written notice to the manufacturer, distributor, or seller (preferably via registered mail) describing the defect, injuries or damages sustained, and requesting compensation. Keep copies of all correspondence for your records.
Obtain independent expert analysis confirming the product defect, collect medical evaluations documenting injuries, and secure witness statements from anyone who observed the incident or consequences.
Consider mediation or direct negotiation with the manufacturer’s insurance company. Many cases resolve without litigation through reasonable settlement discussions when evidence is strong.
If settlement fails, file a claim in district court (sąd rejonowy) with assistance from a product liability attorney who understands Polish civil law and manufacturer responsibility.
Under Polish law, manufacturers bear significant responsibility for product safety. They must conduct thorough testing before market release, provide clear warnings and instructions for safe use, and immediately address known safety defects through recalls or warnings. Failure to meet these obligations constitutes breach of duty, a key element in successful product liability claims.
Polish law applies strict liability for product defects, meaning you don’t need to prove the manufacturer was negligent or careless. You only need to demonstrate the product was defective and caused your injury or damage. This significantly strengthens consumer claims compared to negligence-based systems.
Manufacturers cannot escape liability by claiming they provided adequate warnings if the warnings themselves were unclear, too small to read, in inappropriate languages, or placed where consumers couldn’t reasonably see them. The European Union’s Product Liability Directive, incorporated into Polish law, sets minimum safety standards all products must meet regardless of manufacturing location.
Polish law imposes strict time limits for filing product liability claims. Under the Consumer Rights Act, you have two years from discovering the defect to file a claim with consumer authorities. However, for court claims under general civil law, the limitation period extends to three years from when you discovered or should have discovered the defect and the party responsible.
For personal injury cases resulting from defective products, the general limitation period is typically three years from the injury date. However, the manufacturer has absolute immunity if more than ten years have passed since the product was placed on the market, known as the “development risks defense.” This means you cannot pursue claims for products that have been on the market for over a decade, regardless of when the defect appeared.
Action Required: Contact an attorney immediately after discovering a product defect. Don’t wait—statute of limitations can be your biggest obstacle to recovery.
While minor product liability cases might be handled through consumer complaint procedures or small claims processes, serious injuries or significant property damage warrant professional legal representation. Experienced product liability attorneys understand complex manufacturer liability issues, can access expert witnesses, and know how to navigate Polish court procedures effectively.
Many Polish consumer protection attorneys work on contingency fees, meaning you pay nothing unless you win your case. This arrangement removes financial barriers to justice and aligns your attorney’s interests with your success. Before hiring representation, verify their experience with product liability specifically, their track record of successful settlements and verdicts, and their understanding of both Polish consumer law and European product safety directives.
Additionally, consider consulting with independent product safety experts early in your case. Their technical analysis of how and why the product failed becomes crucial evidence. Many manufacturers employ sophisticated legal teams and insurance companies to minimize payouts, making professional advocacy essential for fair compensation.
Document immediately: Preserve evidence and maintain detailed records of all expenses and communications related to the defective product.
Understand strict liability: Polish law favors consumers by not requiring proof of negligence—only that the product was defective and caused harm.
Act within time limits: File claims within three years of discovering the defect to avoid losing your legal rights permanently.
Seek expert assistance: Consult with experienced product liability attorneys who understand both manufacturer responsibility and consumer rights.
Know your damages: Understand that compensation extends beyond medical bills to include lost wages, pain and suffering, and reduced quality of life.
Product liability law exists specifically to protect consumers from bearing the financial burden of manufacturer failures. When a defective product causes you harm, you have legitimate rights to compensation. By understanding the legal framework, documenting evidence thoroughly, and seeking appropriate professional guidance, you can effectively pursue the compensation you deserve while holding manufacturers accountable for product safety.
