[Direct answer]In the Beijing area, if a defective product causes harm to a person, the victim may request compensation from the product manufacturer or seller in accordance with the law. According to Article 1203 of the Civil Code of the People's Republic of China, if a person is harmed by a defective product, the victim may request compensation from the product manufacturer or seller; if the product defect is caused by the manufacturer, the seller has the right to seek compensation from the manufacturer after making compensation. It is recommended to first fix the evidence of the defect and the harm caused by it, and then claim rights with the purchase receipt, the actual product, and medical records. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

It's not uncommon for people to be injured by defective products in daily life. Typical scenarios include: household appliances leaking electricity causing electric shocks or fires; children's toys and stationery containing harmful substances causing health damage; food and health products that do not meet safety standards leading to poisoning or allergies; motor vehicle parts with quality defects causing traffic accidents; and fitness and nursing equipment suddenly failing during use, causing injuries. Many victims only keep the receipts after being injured, but do not keep the actual products, packaging, and photos of the defects, making it difficult to prove the causality between the defects and the injuries when seeking legal redress later. Injuries caused by defective products often involve multiple parties, including producers, sellers, and e-commerce platforms, and determining the responsible party is itself a challenge in seeking legal redress. In cases involving product liability and personal injury, it may be combined with other legal provisions to clarify the legal responsibilities of the parties involved.Personal injury and medical dispute servicesEvaluate them together; if the dispute enters the stage of litigation enforcement, you can refer to it for reference.Creditor-debtor relations and enforcement case services.

II. Key points of contention

The core disputes in cases of injuries caused by defective products focus on three points. Firstly, whether the product is defective: a defect refers to an unreasonable danger to personal and property safety, or non-compliance with national or industry standards for ensuring human health and personal and property safety. The disputes often revolve around whether the product instructions and warnings are sufficient. Secondly, the causality: the victim needs to prove that the damage was caused by the product's defect, rather than improper use or third-party causes. The producer often defends against the claim by alleging the user's fault. Thirdly, the subject of liability and attribution: the producer bears no-fault liability, the seller bears fault or advance liability under certain circumstances, and the liability of online platforms depends on whether they fulfill their obligations of review and disclosure. The disputes also involve exemption clauses, such as if the producer can prove that the product was not put into circulation or that the defect does not exist, they may be exempt from liability. For the identification of the subject of liability, reference can be made to the relevant provisions of the Product Quality Law of the People's Republic of China and other laws and regulations.Business and contract dispute services for enterprises中的主体责任思路。

III. Professional analysis by Henglue Lawyers

Based on our practical experience in handling personal injury and product liability cases in the Beijing area, such disputes are most likely to fail at the evidence stage. Many parties, after being injured, are eager to deal with their wounds and discard the problematic products or repair them themselves, resulting in the loss of the defective products and making it impossible to apply for quality appraisal. In the end, they have to bear the unfavorable consequences due to the failure to provide evidence. According to the provisions of Articles 1202 to 1204 of the Civil Code, the producer shall bear no-fault liability for the damage caused by the defective products, but the infringed party still needs to prove the product defect, the fact of damage, and the causality between the two. Henglue Lawyers usually recommend the following: Firstly, immediately seal the problematic products and packaging, keep the purchase receipts and invoices, take photos of the injury and the scene, seek medical treatment in time and obtain medical records. When there are multiple parties involved, it is necessary to clarify the responsibilities of the producer, the seller, and the platform, and claim against them separately or jointly. For cases involving medical treatment and disability assessment, it is advisable to seek assistance from relevant professional institutions.Personal injury and medical dispute servicesAdvance.

IV. Practical suggestions and legal basis

The core basis is Article 1202 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (the producer's liability for defective products), Article 1203 (the infringed person may claim compensation from the producer or seller), and Article 1204 (the recourse between producers and sellers); the rules on product defects and the responsibilities of producers and sellers in the Product Quality Law of the People's Republic of China (promulgated on February 22, 1993, amended on July 8, 2000, and implemented on September 1, 2000); and the provisions on the scope of compensation in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases. Practical suggestions: Immediately seal the physical products and packaging and keep the purchase receipts after the injury; seek medical treatment in time and keep the medical records and bills; apply for product quality appraisal if the defects are unclear; after identifying the information of the producer and seller, first negotiate and mediate, and if unsuccessful, then sue. For cases involving disability appraisal, it can be combined with other evidence to determine the degree of disability.Special services and other case services.

5. Henglu Law Firm's Reminder

When seeking compensation for injuries caused by defective products, it is crucial to avoid discarding or repairing the problematic products without authorization. The physical product is the core evidence to prove the causal relationship between the defect and the injury. Once the product is lost, it will be extremely difficult to claim the producer's liability. It is recommended to take photos and preserve the original product after the injury, then seek medical treatment and keep all receipts. When negotiating compensation, it is necessary to distinguish between the producer and the seller, and if necessary, include both of them and the platform as the objects of the claim. Pay attention to the statute of limitations. For claims for compensation for physical injuries, the ordinary statute of limitations is three years, calculated from the date when the victim knows or should have known that his rights have been infringed and the obligee's identity has been determined. Do not easily believe the merchant's promise of private settlement and give up the appraisal. If you need assistance, you can consult a professional lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: If a defective product causes injury, can I definitely get compensation from the manufacturer?

It's not an absolute rule, but the law is more favorable to victims. According to Article 1202 of the Civil Code, if a product defect causes harm to others, the producer shall bear tort liability, and this liability is a no-fault liability, meaning that regardless of whether the producer has fulfilled his duty of care, as long as there is a causal relationship between the defect and the harm, he shall compensate. However, the producer may invoke statutory exemption grounds to defend himself, such as proving that he did not put the product into circulation, that the defect causing the harm did not exist when the product was put into circulation, or that the existing technology at that time could not detect the existence of the defect. In addition, if the harm is caused by the user's intentional or gross negligence, or by a third party, the liability may be reduced or exempted. Therefore, whether compensation can be obtained depends on whether the defect is established and whether the exemption grounds are established. It is recommended to first fix the evidence of the defect before making a claim.

Q2: If a defective product causes injuries, what evidence do I need to prepare?

The core evidence includes: the actual product, the original packaging and user manuals (to prove the product's condition and warning content); purchase receipts, invoices, or order records (to prove the buyer-seller relationship and the seller's information); hospital medical records, diagnosis certificates, medical expense bills, and injury photos (to prove the damage consequences and expenses); product defect appraisal reports (to prove the existence of defects); and on-site photos, surveillance footage, and witness statements (to prove the injury process). The organization of evidence should focus on three points: "the product is defective, caused damage, and there is a causal relationship between the two". For food and drugs, the remaining materials can be preserved and sent for inspection. The more complete the materials are, the more reliable the claim will be.

Q3: How much does it typically cost to file a claim for injuries caused by defective products?

The main costs of protecting rights include appraisal fees, litigation fees, and attorney fees. The cost of product quality appraisal depends on the product type and testing items, and is prepaid by the applicant. If the applicant wins the case, they can claim that the responsible party should bear the cost. Litigation fees are calculated according to the amount of the litigation request and are divided into several stages according to the amount, with the losing party bearing the cost. Attorney fees are usually charged based on the complexity of the case, whether appraisal is needed, and cross-regional factors. They are typically charged per case or as a percentage of the subject matter. The specific fees are subject to the contract of engagement and there is no unified standard. Compared with losses such as medical expenses and loss of income that can be claimed, the upfront investment is usually reasonable. It is recommended to clarify the scope of fees with the law firm before entrusting them and to balance the expected compensation and the cost.

Q4: How long does it usually take to resolve cases involving injuries caused by defective products?

The duration of the process depends on the handling path. If it is resolved through negotiation with producers and sellers or mediation, it can be completed in a few weeks; if it goes to litigation, the first-instance ordinary procedure takes six months and the summary procedure takes three months. If product quality appraisal is involved, the appraisal itself often takes one to several months. For cases with obvious defects and sufficient evidence, the court can make a judgment relatively quickly; for cases requiring repeated appraisals or disputes over causality, the duration will be longer. Overall, the fastest resolution is through mediation, and litigation cases requiring appraisal often take more than half a year. It is recommended to preserve evidence as soon as possible and initiate appraisal as soon as possible to avoid product loss or memory fading slowing down the process.

Q5: If I get injured after purchasing a defective product, what should I do first?

It is recommended to follow four steps: 1. Immediately stop using the problematic products, seal the original items and packaging, and take photos to document the status of damage, electrical leaks, and harmful substances. Do not discard or repair them on your own. 2. Seek medical attention promptly, keep medical records, diagnoses, and all receipts, and apply for a disability assessment if necessary. 3. Organize purchase receipts, orders, and communication records to clarify the information of the producer, seller, and platform. 4. Use the evidence to negotiate with the merchant first. If no agreement is reached, file a complaint with the Consumer Association or sue in court, and you can also claim the responsibilities of the producer and seller simultaneously. Throughout the process, avoid handling key evidence without authorization. If you need assistance, you can consult a professional lawyer familiar with product liability.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.