Best Dangerous Product Lawyers in Arlesheim

About Dangerous Product Law in Arlesheim, Switzerland

Dangerous product law in Arlesheim falls under Swiss federal law, with enforcement and court procedures handled locally in the canton of Basel-Landschaft. If a product causes injury, illness, or property damage because it is defective or unsafe, Swiss law provides several legal avenues for compensation and for corrective market measures such as warnings and recalls. Arlesheim residents typically bring disputes before the local conciliation authority and the District Court of Arlesheim, with appeals handled at the Kantonsgericht Basel-Landschaft in Liestal. While national rules are uniform across Switzerland, local authorities and courts in Basel-Landschaft manage reporting, investigation, and civil litigation at the community level.

Swiss rules focus on two pillars. First, product safety rules require producers and distributors to place only safe products on the market and to take action if risks become known. Second, product liability rules allow injured people to seek compensation from the manufacturer or other responsible parties without needing to prove negligence. In addition, contract and tort rules in the Swiss Code of Obligations provide further remedies in many situations.

Why You May Need a Lawyer

You may need a lawyer if you suffered an injury or loss due to a consumer good, a household appliance, a tool or machine, a child product, a cosmetic or chemical, a medical device or medicine, a sports product such as an e-bike, a vehicle component, or any other product that failed or lacked adequate warnings. A lawyer helps you identify all responsible parties, including manufacturers, importers, own-brand distributors, and retailers when they fail to identify the producer. Legal counsel can secure and preserve evidence, work with technical experts, assess applicable insurance, navigate recalls and regulatory reporting, and calculate damages such as medical costs, lost earnings, and moral damages for pain and suffering.

Cross-border purchases, online marketplace sales, and products with multiple suppliers are common and can make jurisdiction, service, and proof more complex. Local counsel in Arlesheim can guide you through Swiss civil procedure, the mandatory conciliation step, negotiation with insurers, and court action if settlement is not possible.

Local Laws Overview

Product safety. The Federal Act on Product Safety applies nationwide. Producers and distributors must ensure products are safe for normal and foreseeable use. They must monitor products in the market, inform authorities about serious risks, and implement corrective actions such as warnings, repairs, replacements, or recalls. Market surveillance is coordinated at federal level and enforced with support from cantonal authorities in Basel-Landschaft.

Product liability. The Swiss Product Liability Act creates strict liability for defective products. You do not need to prove negligence. You must show a defect, damage, and a causal link. The producer is liable, and in many cases the importer into Switzerland and own-branders are also liable. Suppliers and retailers must promptly identify their own supplier or the producer, otherwise they can be treated as producers for liability purposes. Compensation covers personal injury and death, and certain property damage to items ordinarily intended and mainly used for private purposes. There is a deductible for property damage under this statute. Common defenses include that the defect did not exist when the product was put into circulation, development risk where the state of scientific and technical knowledge did not allow discovery of the defect, or that the product complied with mandatory public law requirements and the defect could not be avoided because of that compliance.

Time limits. Under the Product Liability Act, claims generally must be brought within 3 years from the date you knew or should have known of the damage, the defect, and the identity of the producer, and in any case within 10 years from when the product was put into circulation. Contract and tort rules in the Swiss Code of Obligations have their own limitation periods. Contractual defect warranty claims for movable goods generally have a 2 year period, which can be adjusted by agreement in some settings, especially for used goods. Tort claims typically have a 3 year relative period and a longer absolute period. For bodily injury and death, the absolute limitation period is longer than for property damage. These timelines can be complex, so early legal advice is important.

Contract and tort remedies. Besides strict product liability, you may have claims under contract law for non-conformity or warranty and under tort for unlawful act. Contract claims may allow repair, replacement, price reduction, or rescission depending on circumstances and on the sales terms. Tort and contract rules also allow compensation for consequential losses in appropriate cases. Contributory fault and abnormal misuse can reduce compensation.

Civil procedure in Arlesheim. Most civil cases start with a mandatory conciliation before the Schlichtungsbehörde at the District Court of Arlesheim. If no settlement is reached, you can file a claim with the court. Costs include court fees and party costs. If you cannot afford proceedings and your case has reasonable prospects, you can request legal aid known as unentgeltliche Rechtspflege. Many disputes settle during conciliation or negotiation with insurers.

Evidence. Preserve the product, packaging, instructions, receipts, and proof of purchase. Take photos and videos. Record the circumstances of the incident and witness details. Seek medical evaluation and keep all records. Do not repair or alter the product. Secure expert assessment through qualified laboratories or experts if needed. Chain of custody helps maintain the evidentiary value of the item.

Insurance and reporting. Report injuries to your health and accident insurer. Private liability insurance may cover certain losses. Legal expense insurance can fund advice and litigation. You or your lawyer may notify the relevant authority about serious product risks, for example SECO for non-food products, Swissmedic for medicines and medical devices, and the Federal Food Safety and Veterinary Office for food and consumer articles. In Basel-Landschaft, the cantonal food safety and veterinary office and other enforcement bodies can support investigations and recalls.

Frequently Asked Questions

What counts as a defective product under Swiss law

A product is defective if it does not provide the safety that a person is entitled to expect, taking into account the way it is presented, the reasonably foreseeable use, and the time when it was put into circulation. A defect can arise from faulty design, manufacturing error, inadequate instructions, or missing warnings.

Who can I claim against if I was injured

You can usually claim against the manufacturer. If the manufacturer is abroad, you can often claim against the importer who brought the product into Switzerland, or an own-brand company that presents itself as the producer. A retailer or supplier who fails to identify its own supplier or the producer on request can be treated as a producer for liability purposes. Contract and tort claims can also be brought against sellers depending on the facts.

Do I have to prove negligence to win a product liability case

No. Under the Product Liability Act, liability is strict. You must prove the defect, your damage, and causation. Negligence is not required for this statutory claim, though negligence can be relevant for additional tort claims.

What damages can I recover

Compensation can include medical costs, rehabilitation expenses, lost income, loss of earning capacity, and moral damages for pain and suffering in serious cases. For property damage to items ordinarily intended and mainly used for private purposes, compensation is possible subject to a statutory deductible. Additional economic losses may be recoverable under contract or tort depending on the circumstances.

How long do I have to start a claim

Under the Product Liability Act, you generally have 3 years from when you knew or should have known about the damage, the defect, and the producer, and there is an absolute 10 year period from when the product was first put on the market. Contract and tort claims have different limitation periods, and for bodily injury there is a longer absolute period. Get advice as soon as possible to protect your rights.

What if I used the product in a way that was not intended

If misuse was foreseeable and not warned against, you may still have a claim. If your own fault contributed to the harm, compensation can be reduced. The exact impact depends on foreseeability, warnings, and the degree of contributory fault.

Can I claim if only my property was damaged and no one was injured

Yes. The Product Liability Act covers certain property damage to items ordinarily intended and mainly used for private purposes, subject to a deductible. You may also have contract and tort claims that can address property losses. A lawyer can help choose the most favorable route.

What should I do immediately after an incident

Seek medical attention. Preserve the product and packaging. Do not repair or discard anything. Photograph the scene and your injuries. Collect receipts, warranty documents, and any communication with the seller. Notify your insurers. Contact a lawyer before handing the product to anyone else so evidence handling is documented.

Where will my case be heard in Arlesheim

Most cases start with a conciliation procedure at the Schlichtungsbehörde of the District Court of Arlesheim. If unresolved, the case can proceed to the District Court. Appeals from judgments go to the Kantonsgericht Basel-Landschaft. Jurisdiction can vary for cross-border matters, so get local guidance.

I bought the product online from abroad. Can I still claim in Switzerland

Yes, often you can. If there is a Swiss importer or an own-brand seller, you can proceed against them. If not, you may still bring claims against foreign producers, but jurisdiction and enforcement can be complex. Keep all transaction records and consult a lawyer to map the best strategy.

Additional Resources

State Secretariat for Economic Affairs SECO for non-food product safety and market surveillance.

Swissmedic for medicines and medical devices, including vigilance and safety notices.

Federal Food Safety and Veterinary Office for food, cosmetics, and consumer articles that contact food.

Basel-Landschaft cantonal food safety and veterinary authority for local enforcement and inspections.

Basellandschaftliche Advokatenkammer for local bar information and lawyer referrals.

Swiss Accident Insurance SUVA for occupational accident matters and safety guidance for machinery and workplace products.

Swiss Patient Safety Foundation for guidance when incidents involve healthcare or medical devices.

Swiss Insurance Ombudsman for assistance with disputes with private insurers.

Swiss Accreditation Service for lists of accredited testing laboratories and experts.

Kantonspolizei Basel-Landschaft for incident reporting where immediate public safety is at risk.

Next Steps

Get medical care and stabilize the situation. Your health comes first. Obtain and keep all medical documentation from the start.

Preserve evidence. Store the product, packaging, manuals, and receipts in a safe place. Do not alter or repair the item. Photograph the product and the scene. Note witnesses and timelines.

Notify the seller and relevant authority. Briefly describe what happened and request that the product not be altered pending inspection. Ask for recall or safety information if available.

Review your insurance. Contact accident, health, private liability, and legal expense insurers to open claims and confirm coverage.

Consult a local lawyer in Arlesheim. Bring all documents, photos, and medical reports. A lawyer will assess liability paths under the Product Liability Act, contract, and tort, and will advise on deadlines, evidence strategy, and jurisdiction.

Prepare for conciliation. Most cases start at the Schlichtungsbehörde in Arlesheim. Your lawyer can represent you, present the claim, and attempt settlement with the producer or its insurer.

Decide on litigation or settlement. Based on expert opinions and negotiation progress, choose between court action and settlement. Consider costs, timing, and the strength of the evidence.

Track deadlines and communications. Limitation periods can be short. Keep a timeline of events, save correspondence, and follow your lawyer’s guidance on inspections and expert testing.

If a recall is issued, follow official instructions. Keep records of any repair, replacement, or refund offers, and coordinate with your lawyer to ensure your compensation rights are preserved.

Throughout the process, avoid public posts about the incident and do not hand over the product to third parties without a clear evidence protocol. Local legal advice ensures that your claim meets Swiss legal and procedural requirements in Arlesheim and Basel-Landschaft.