Best Dangerous Product Lawyers in Arlesheim

About Dangerous Product Law in Arlesheim, Switzerland

Dangerous product cases arise when a consumer or user is harmed by a defective or unsafe product. In Switzerland, including Arlesheim in the canton of Basel-Landschaft, this area of law is primarily governed by federal statutes that apply nationwide, along with cantonal procedures for enforcing claims. Typical matters include injuries from household appliances, electronics, toys, machinery, medical devices, pharmaceuticals, vehicles, food, cosmetics, and chemicals.

Swiss law provides several legal routes. The Product Liability Act creates strict liability for manufacturers and certain distributors when a defective product causes personal injury or damage to privately used property. In parallel, the Product Safety Act imposes duties on businesses to place only safe products on the market and to take corrective measures such as warnings and recalls if risks emerge. Contract and tort rules in the Swiss Code of Obligations can also apply, for example when a defect breaches a sales warranty or when negligence causes harm.

Arlesheim residents typically deal with regional market surveillance and health authorities for safety alerts and recalls, and with Basel-Landschaft civil courts for compensation claims. Proceedings are usually conducted in German, and pre-suit conciliation is generally required before filing a civil claim.

Why You May Need a Lawyer

Dangerous product disputes often involve complex technical, medical, and legal questions. A lawyer can help you identify the proper legal basis, the correct defendants, and the best forum, and can coordinate expert evidence. You should consider legal help in situations such as the following.

Serious injury or death caused by a product, including burns, electric shock, choking, lacerations, fractures, poisoning, allergic reactions, or adverse drug or device events.

House fires, floods, or property loss allegedly caused by appliances, batteries, chargers, e-bikes, electronics, or building products.

Harm to children from toys, nursery products, clothing with small parts, or unsafe furniture tip-over incidents.

Workplace injuries from machinery or protective equipment where a defect may be involved, in addition to occupational insurance matters.

Medical device or pharmaceutical injuries where causation and warnings are disputed and where regulatory information is key.

Cross-border purchases including online orders where the manufacturer is abroad and an importer or supplier in Switzerland may be liable.

Negotiations with liability insurers, evaluation of settlement offers, and calculation of damages including lost earnings, household support, and pain and suffering.

Time limit analysis to avoid missing limitation periods and preserving evidence before it is lost or altered.

Local Laws Overview

Key Swiss statutes relevant to dangerous product cases that apply in Arlesheim include the following.

Product Liability Act, Bundesgesetz über die Produkthaftpflicht, PrHG. This sets strict liability for manufacturers, importers, and apparent manufacturers for defective products. It covers personal injury and damage to privately used property, subject to a deductible of 900 Swiss francs for property damage. There is a maximum aggregate liability of 70 million Swiss francs per event. The injured party must prove the defect, the damage, and causation. Defenses include proof that the defect was not discoverable given the state of scientific and technical knowledge at the time of circulation.

Product Safety Act, Bundesgesetz über die Produktsicherheit, PrSG, and the Product Safety Ordinance. These govern the placing on the market of safe consumer products and impose duties on producers and distributors to monitor products, issue warnings, conduct recalls, and notify authorities when risks are identified. Compliance with standards helps but does not automatically preclude liability.

Swiss Code of Obligations, Obligationenrecht, OR. Contract law provides warranty rights for defective goods, typically two years for movable goods from delivery, which can be reduced for used goods to one year if agreed in consumer sales. Tort law allows claims for negligent or unlawful acts causing damage. Revised limitation rules generally provide a three year relative period from knowledge of the damage and the liable party, and an absolute ten year period, extended to twenty years for personal injury in tort. Different periods apply under the Product Liability Act, which has a three year relative and ten year absolute period from when the product was put into circulation.

Sector specific laws may apply. Examples include the Therapeutic Products Act for pharmaceuticals and medical devices with Swissmedic oversight, the Foodstuffs and Utility Articles Act with the Federal Food Safety and Veterinary Office oversight, electrical safety enforced by the Federal Inspectorate for Heavy Current Installations, and chemicals laws overseen by federal public health and environment bodies.

Procedure in Basel-Landschaft. Most civil claims start with a mandatory conciliation before the competent conciliation authority. If no settlement is reached, you can file suit with the competent civil court. Courts typically require an advance on court costs. Legal aid may be available if you lack means and your case has merit. Proceedings are usually conducted in German.

Damages. Recoverable items can include medical costs not covered by insurance, lost income, reduced earning capacity, household services, pain and suffering compensation known as Genugtuung, and repair or replacement of certain property. Punitive damages are not available under Swiss law.

Frequently Asked Questions

What counts as a defective or dangerous product under Swiss law

A product is defective if it does not provide the safety the public is entitled to expect considering its presentation, the uses that can reasonably be expected, and the time it was put into circulation. A product can be defective because of a design flaw, a manufacturing error, or inadequate instructions and warnings.

Who can I sue if I was injured by a product bought in Arlesheim

Potential defendants include the manufacturer, the importer into Switzerland, a company that placed its name or brand on the product, and in some cases the supplier if the manufacturer cannot be identified within a reasonable time after request. Contractual claims may also be possible against the seller.

What do I have to prove to win a product liability claim

You must prove a defect, damage, and a causal link between the defect and the damage. Fault is not required for strict liability under the Product Liability Act, but proof often requires technical and medical expert evidence.

How long do I have to bring a claim

Under the Product Liability Act, you generally have three years from when you knew or should have known about the damage, the defect, and the liable person, and an absolute long stop of ten years from when the product was put into circulation. Tort claims under the Code of Obligations usually have a three year relative period and a ten year absolute period, extended to twenty years for personal injury. Warranty claims under sales law are typically two years from delivery for movable goods. Specific facts can alter these periods, so get advice quickly.

Can I claim for damage to the product itself

The Product Liability Act does not cover damage to the product itself. You may be able to claim for that under sales warranty law or tort depending on the circumstances.

What if the product was recalled

A recall does not eliminate your right to compensation. Recall notices, safety alerts, and corrective action reports can be important evidence. You should follow recall instructions for safety while preserving evidence for your claim.

I bought the product online from a foreign seller. Can I still claim in Switzerland

Yes, often you can. The Swiss based importer may be deemed a manufacturer for liability purposes. Jurisdiction and applicable law depend on Swiss private international law and the facts. A lawyer can assess whether Swiss courts are competent and whether Swiss law applies.

What compensation can I receive

Compensation can include medical and rehabilitation costs, lost earnings, reduced earning capacity, household support, pain and suffering, and certain property losses. Health and accident insurers may seek reimbursement from the liable party. There are no punitive damages under Swiss law.

How much will a lawyer cost

Fees vary by complexity and canton. Many lawyers offer an initial consultation at a fixed fee. Legal expenses insurance is common in Switzerland and may cover advice and litigation. If you cannot afford costs and your case has merit, you can apply for legal aid in Basel-Landschaft.

What evidence should I keep

Keep the product in its current state without repairing or disposing of it, including packaging, manuals, receipts, warranty cards, and safety warnings. Take photos and videos of the product, the scene, and injuries. Keep medical records and a diary of symptoms and expenses. Note any recall or safety alerts you have seen.

Additional Resources

State Secretariat for Economic Affairs, SECO. Federal market surveillance and general product safety information and recalls.

Swissmedic. Safety communications and recalls for medicines and medical devices.

Federal Food Safety and Veterinary Office, BLV. Food and consumer goods safety alerts and recalls.

Federal Inspectorate for Heavy Current Installations, ESTI. Electrical product safety and recalls.

Suva. Occupational safety information for machinery and personal protective equipment, as well as accident insurance guidance.

Kantonales Laboratorium Basel-Landschaft. Cantonal authority for foodstuffs and consumer article safety and enforcement.

Consumer protection organizations such as Stiftung für Konsumentenschutz and Fédération romande des consommateurs. Guidance on recalls, complaints, and consumer rights.

Basel-Landschaft conciliation authority and civil courts. Information on conciliation and civil procedure in the canton where Arlesheim is located.

Next Steps

Seek medical care immediately. Follow all treatment advice and keep copies of medical records and bills. Notify your accident and health insurers promptly.

Preserve the product and all related materials. Do not repair, discard, or return the product until a lawyer advises you. Store the item safely to prevent further harm.

Document everything. Take photos of the product, the scene, and your injuries. Record dates, symptoms, missed work, expenses, and conversations with sellers, manufacturers, and insurers.

Check for recalls and safety alerts. Follow any safety guidance to avoid further risk while keeping evidence intact.

Avoid early agreements without advice. Be cautious about signing releases or accepting quick refunds that may limit your rights.

Consult a lawyer experienced in dangerous product matters in Basel-Landschaft. Ask about experience with technical experts, insurers, and cross border issues. Bring your evidence, timeline, purchase documents, and insurance information to the meeting.

Consider conciliation and settlement options. Your lawyer can file for conciliation in the competent authority, negotiate with insurers, and prepare for litigation if needed.

Track limitation dates. Your lawyer will calculate applicable time limits and may send preservation notices or file to stop time from running.

This guide is informational and not legal advice. For advice on your situation, consult a qualified lawyer licensed in Switzerland who is familiar with procedures in Arlesheim and the canton of Basel-Landschaft.