Understanding Defective Product Damage

Suffering damage due to a product believed to be safe is a frustrating and often traumatic experience. Whether it's a malfunctioning appliance, a dangerous toy for a child, or a defective medical device, the consequences can be severe, both physically and economically. In these circumstances, it's natural to feel disoriented and unsure how to proceed. Italian law, however, offers strong consumer protection, providing specific tools to obtain fair compensation. Addressing this situation requires deep knowledge of regulations and a targeted legal strategy. As an attorney specializing in damage compensation in Milan, lawyer Marco Bianucci assists his clients in the complex procedure aimed at asserting their rights against the responsible parties.

Manufacturer's Liability in the Italian Regulatory Context

The main legal framework in Italy is the Consumer Code (Legislative Decree 206/2005), which governs so-called 'defective product liability'. The legislation defines a product as 'defective' when it does not offer the safety that can legitimately be expected, taking into account all circumstances, including its presentation, the use for which it is reasonably intended, and the time it was put into circulation. It is important to emphasize that manufacturer's liability is of an objective nature: this means that to obtain compensation, it is sufficient to demonstrate the product's defect, the damage suffered, and the causal link between the two, without having to prove the manufacturer's fault or malicious intent. This protection extends not only to personal injury (physical injuries) but also to damage to things other than the defective product, provided they are of a type normally intended for private use and so used by the injured party.

The Approach of Bianucci Law Firm

Every case of damage from a defective product presents peculiarities that require careful and personalized analysis. The approach of lawyer Marco Bianucci, an attorney with consolidated experience in damage compensation in Milan, is based on a rigorous and transparent methodology. The first step involves a meticulous collection and evaluation of all available documentation: proofs of purchase, medical certificates, photographs of the damage, technical appraisals, and any other element useful for reconstructing the events. This phase is crucial for establishing the merits of the claim and precisely quantifying the extent of the financial and non-financial damage suffered.

Once the strategy is defined, the Bianucci Law Firm initially proceeds with an attempt at out-of-court settlement, sending a formal request for compensation to the manufacturer and their insurance company. This approach aims to obtain fair compensation quickly and without the costs of litigation. Should the out-of-court route not lead to a satisfactory result, legal action is pursued, representing the client at every stage of the process to ensure maximum protection of their interests. The goal is always to ensure that the injured party receives the full and complete compensation for all damages suffered.

Frequently Asked Questions

How much time do I have to claim compensation for a defective product?

The right to compensation expires three years from the day the injured party became aware, or should have become aware, of the damage, the defect, and the identity of the responsible party. However, the right is extinguished in any case after ten years from the date on which the manufacturer placed the product that caused the damage on the market. It is therefore essential to act promptly.

Who is responsible for the damage: the manufacturer or the seller?

The law identifies the manufacturer as the primary responsible party. If the manufacturer is not identified, liability falls on the supplier (the seller) who distributed the product, unless the latter communicates to the injured party, within a reasonable period, the identity and domicile of the manufacturer or the person who supplied the product to them.

What kind of evidence do I need to collect to prove the damage?

It is essential to preserve as much evidence as possible. Among the most important are: the defective product itself (if possible), proof of purchase (receipt, invoice), photographs or videos documenting the damage to persons or property, medical reports in case of physical injuries, and any technical appraisals that attest to the defect and the causal link with the damage.

What exactly is meant by a product's 'safety defect'?

A product is considered defective not when it is imperfect or doesn't work, but when it is unsafe. The defect can relate to manufacturing (an error in the production process), design (the design itself is unsafe), or the information provided (lack of adequate warnings about the risks associated with its use). The safety assessment is made based on the legitimate expectations of the average consumer.

Contact Lawyer Marco Bianucci for an Evaluation of Your Case

If you or a family member has suffered damage due to a product that proved to be defective or dangerous, it is essential to act with the support of a competent professional to protect your rights. Lawyer Marco Bianucci offers his consolidated experience in damage compensation in Milan to analyze your specific situation, evaluate the feasibility of legal action, and assist you at every stage of the process to obtain fair compensation.

Contact Bianucci Law Firm to schedule an initial consultation. During the meeting, you can present your case in a confidential and professional environment, receiving clear and honest advice on the actions to take. The goal is to provide you with all the necessary tools to make an informed and conscious decision, aimed at the concrete resolution of the problem.