Post by messi05 on Jan 24, 2024 11:21:56 GMT
Manufacturer is objectively liable for damages caused by its products. Based on this understanding, set out in article 12 of the Consumer Protection Code, the 3rd Panel of the Superior Court of Justice ordered the automaker Mitsubishi to pay R$100,000 to a retired judge who suffered permanent injuries due to the airbag deployment in his car. reproduction Retired judge suffered permanent injuries when an airbag deployed in his car. reproduction In the compensation action, the judge stated that he was driving the vehicle when, while avoiding a person who invaded the road, he collided with a pole and, despite the low speed at the time of the crash, the airbag was activated.
Due to the impact of the safety Buy Phone Number List device, he claimed to have suffered injuries to his face, partial loss of vision and glaucoma, which led to him undergoing several surgeries. The judge of first instance established compensation for moral damages in the amount of R$400,000, an amount that was reduced to R$140,000 by the Court of Justice of Santa Catarina. Through a Special Appeal, Mitsubishi sought to completely dismiss the conviction. In his defense, he claimed that the compensation process was proposed a year and a half after the accident, which made the examination impossible. Furthermore, the automaker argued that airbags , by their very nature and function, subject the user to the risk of injuries to the face and eyes to protect them from death or greater bodily harm.
The appeal's rapporteur, Minister Nancy Andrighi, pointed out that the manufacturer has a duty to place a quality product on the market. Therefore, if there is any failure in relation to the safety or suitability of the product in relation to the purposes for which it is intended, the manufacturer will be objectively liable for the damage that the product may cause, as provided for in article 12 of the Defense Code of the Consumer. Proportional value However, according to the minister, objective liability does not dispense with proof of damage and the causal link.
Due to the impact of the safety Buy Phone Number List device, he claimed to have suffered injuries to his face, partial loss of vision and glaucoma, which led to him undergoing several surgeries. The judge of first instance established compensation for moral damages in the amount of R$400,000, an amount that was reduced to R$140,000 by the Court of Justice of Santa Catarina. Through a Special Appeal, Mitsubishi sought to completely dismiss the conviction. In his defense, he claimed that the compensation process was proposed a year and a half after the accident, which made the examination impossible. Furthermore, the automaker argued that airbags , by their very nature and function, subject the user to the risk of injuries to the face and eyes to protect them from death or greater bodily harm.
The appeal's rapporteur, Minister Nancy Andrighi, pointed out that the manufacturer has a duty to place a quality product on the market. Therefore, if there is any failure in relation to the safety or suitability of the product in relation to the purposes for which it is intended, the manufacturer will be objectively liable for the damage that the product may cause, as provided for in article 12 of the Defense Code of the Consumer. Proportional value However, according to the minister, objective liability does not dispense with proof of damage and the causal link.