Tort Claim for a Defective Product: The Full Guide to Manufacturer Liability and Compensation

Product Broke and Caused Injury? Don't Rush to Blame "Bad Luck" – This is How the Law Protects You

By: Attorney Yulia Moshinski Biton

We live in an age of consumption. From the morning coffee to the toys we buy for the children, our lives are surrounded by products. But what happens when a product that is supposed to serve us betrays us and causes bodily injury? As a tort lawyer, it's important for me to bring order between the myths and your rights.

The Revolution: Liability Without Fault

Unlike classic tort claims where it's mandatory to prove "negligence," the law sets a principle of "Absolute Liability." According to the Defective Products Liability Law, 1980, a manufacturer must compensate a person who suffered bodily injury from a defect in the product, regardless of whether the manufacturer was at fault or not. This is a principle that saves the victim the need to prove exactly what happened behind the scenes of the factory.

"Defective Product" – It's Not Just a Break

The law defines a defect in two main situations:
1. Physical deficiency: A malfunction in the product itself that might cause damage.
2. Information defect: A product can be mechanically sound, but if correct instructions for use or appropriate safety warnings were not attached to it – it is considered legally defective.

Who do you sue? The Supply Chain

The law defines "manufacturer" in a broad way including:
- Whoever presents themselves as the manufacturer (the name on the packaging).
- An importer who imported the product to Israel.
- A supplier – in cases where the manufacturer or importer cannot be located.

Special Protection for Children Under Age 12

While the court can reduce compensation in case of severe negligence on the part of the victim, the law sets a dramatic proviso: if the victim is a child under age 12, there will be no reduction in compensation, even if the child acted carelessly.

When does the manufacturer have a defense?

Absolute liability is not infinite. To the manufacturer exist defenses in cases where:
- The defect was created after the product left their control.
- According to the level of technology at the time of manufacture, it was not possible to know about the risk.
- The product left their control against their will (e.g., stolen).

Pay Attention to the Clock: Exceptionally Short Statue of Limitations

Unlike regular claims of 7 years, here the rules are different:
1. The 3-year rule: The claim expires within 3 years only from the day the damage and defect were known.
2. The 10-year barrier: It is not possible to sue according to this law if 10 years passed from the day the product left the factory.
If these deadlines passed, it is sometimes possible to sue under the regular Tort Ordinance, but then the burden of proving negligence becomes harder.

3 Legal Tips for Whoever was Injured by a Product

1. Keep the product: Don't throw away and don't fix! It is your central evidence.
2. Medical documentation: Seek treatment immediately and state exactly what you were injured by.
3. Receipts and packaging: Keep the proof of purchase, the packaging, and the instructions for use.

In Summary
Bodily injuries from defective products are not a decree of fate. The legislator granted the consumer strong tools, but managing the case requires the correct strategy.

The content in this article is general information only and does not constitute a substitute for individual legal advice.