Best Dangerous Product Lawyers in Dornach

About Dangerous Product Law in Dornach, Switzerland

Dangerous product issues arise when a product is unsafe or defective and causes injury, illness, property damage, or a risk of harm. In Dornach, which is in the Canton of Solothurn, these cases are governed primarily by Swiss federal law. The most important statutes are the Swiss Product Liability Act, the Product Safety Act, and the Swiss Code of Obligations. Local market surveillance and consumer protection authorities in the canton help enforce safety rules, while courts in Solothurn handle disputes and compensation claims.

Swiss product liability law provides strict liability for manufacturers and certain other actors. That means you do not have to prove negligence, only that the product was defective, the defect caused the damage, and you suffered a loss. Separate rules also require businesses to place only safe products on the market and to take corrective actions such as warnings or recalls when risks are identified.

If you were harmed by a dangerous product in Dornach or elsewhere in Switzerland, you may have claims for personal injury, property damage to privately used items, and in some cases contractual remedies against the seller. An experienced lawyer can help you navigate the applicable legal paths and deadlines.

Why You May Need a Lawyer

Product cases often involve complex technical and legal questions. A lawyer can help you identify who is legally responsible, preserve critical evidence, and quantify your losses. This is especially important when multiple companies are involved, such as brand owners, manufacturers, importers, and retailers.

Common situations that benefit from legal assistance include injuries from e-bike batteries or chargers, small electronics that overheat or catch fire, defective car parts or child seats, unsafe toys, hazardous cosmetics, contaminated food or supplements, faulty medical devices or medicines, and dangerous tools or appliances used at home or at work.

Lawyers help with reporting the incident to authorities, requesting recalls or warnings, communicating with insurers, securing expert reports, negotiating settlements, and filing claims in the competent Solothurn conciliation authority and courts if needed. They also help coordinate cross-border issues for products bought online or abroad.

Local Laws Overview

Swiss Product Liability Act - Strict liability applies to producers for defective products that cause personal injury or death, and for damage to items ordinarily intended for private use or consumption. The injured party must prove the defect, the damage, and causation. There is a deductible of 900 CHF for property damage and no compensation for damage to the defective product itself. There is a maximum total liability of 70 million CHF per defect event. Time limits are three years from when you knew of the damage, the defect, and the producer, with a long-stop of ten years from when the product was put into circulation.

Who is liable - Liability can attach to the manufacturer, the importer into Switzerland, a person who presents themselves as the producer by putting their name or brand on the product, and in some cases the supplier or retailer if the producer cannot be identified within a reasonable time. Multiple parties can be jointly liable.

Defect concept - A product is defective if it does not provide the safety that one is entitled to expect, taking all circumstances into account, including product presentation, foreseeable use or misuse, and the time it was put on the market.

Defenses - Producers may avoid liability if, for example, they did not put the product into circulation, the defect did not exist at that time, the product was not manufactured for sale or economic purpose, or the defect could not be discovered given the state of scientific and technical knowledge at that time development risk defense. Misuse and product modification by the user can reduce or exclude liability.

Swiss Product Safety Act - Businesses must place only safe products on the market and must monitor their products, keep traceability data, and take corrective actions when risks arise. This includes giving warnings, withdrawing products from distributors, or recalling products from consumers. Businesses must notify the competent authorities without delay when they know that a product presents risks. Market surveillance is coordinated federally and carried out by designated cantonal authorities in Solothurn for non-food products.

Contract and tort claims Swiss Code of Obligations - In addition to strict product liability, you may have warranty rights against the seller and tort claims. For consumer sales of new goods, the statutory warranty period is typically two years and cannot be reduced below that in consumer contracts. For used goods, it can be reduced to one year if clearly agreed. Tort claims for personal injury generally have a three-year period from knowledge of the loss and person liable, with a 20-year absolute limit for bodily injury and death. Other tort claims typically have a one-year relative limit and a ten-year absolute limit. Deadlines can be complex, so early legal advice is important.

Sector-specific rules - Additional statutes may apply depending on the product, such as the Therapeutic Products Act for medicines and medical devices supervised by Swissmedic, the Foodstuffs Act for food and supplements overseen by the Federal Food Safety and Veterinary Office, the Chemicals Act for substances and mixtures, federal rules on electrical safety supervised by ESTI, road vehicle rules under ASTRA, and telecommunications equipment rules under OFCOM. These regimes affect safety standards, approvals, and recalls.

Local procedure in Dornach and the Canton of Solothurn - Most civil claims start with a mandatory conciliation proceeding before the competent conciliation authority. If no settlement is reached, the case can proceed to the Solothurn courts. Court fees and the loser-pays cost rule apply. Unentgeltliche Rechtspflege legal aid may be available if you have limited means and reasonable prospects of success. Legal expenses insurance Rechtsschutzversicherung can also help cover costs.

Frequently Asked Questions

What counts as a dangerous or defective product under Swiss law

A product is defective if it does not provide the safety a person is entitled to expect, considering how it is marketed, instructions and warnings, normal or foreseeable use, and the state of knowledge when it was placed on the market. A product can be dangerous because of a design defect, a manufacturing flaw, inadequate instructions or warnings, or failures in quality control.

Who can be held liable in Switzerland

Potentially liable parties include the manufacturer, the importer into Switzerland, a brand owner that presents itself as the producer, and sometimes the supplier or retailer if the producer cannot be identified in due time. Multiple parties can be sued, and they may have recourse claims among themselves. Sellers can also be liable under sales warranty rules for defects.

What compensation can I recover

You can claim compensation for personal injury medical costs, rehabilitation, lost earnings, household assistance, and pain and suffering known as Genugtuung. You can also claim damage to privately used items other than the defective product itself, subject to a 900 CHF deductible. Pure financial loss without injury or property damage is generally not recoverable under strict product liability but may be under other legal bases in limited cases.

How long do I have to act

Under the Product Liability Act, you generally have three years from when you knew of the damage, the defect, and the responsible party, and no later than ten years from when the product was first placed on the market. Tort claims for bodily injury usually prescribe after three years from knowledge with a 20-year long-stop. Contractual warranty rights typically last two years for new consumer goods and can be reduced to one year for used goods if agreed. Getting advice early is essential to protect your rights.

What should I do right away after an incident

Seek medical care promptly and follow treatment advice. Stop using the product and keep it intact if safe to do so. Preserve packaging, manuals, receipts, photos, and any pieces or residues. Document the scene and your injuries. Note the date of purchase and incident, serial numbers, and the seller and brand. Report the incident to the seller and manufacturer in writing and ask about any recalls. Notify your insurers health, household contents, liability, or legal expenses. Speak to a lawyer before sending the product for repair or returning it, so evidence is not lost.

I bought it online or abroad - can I claim in Dornach

Possibly. If the damage occurred in Switzerland, Swiss law and Swiss courts can often have jurisdiction. You can frequently pursue the Swiss importer or the party that placed the product on the Swiss market. If there is no identifiable Swiss producer or importer, a retailer or supplier may be responsible if they do not identify the producer on request. Cross-border issues are nuanced, so obtain tailored advice.

What if the product was second-hand or gifted

Strict product liability can still apply to defective second-hand items that are put back into circulation commercially. Warranty rights against a seller of used goods can be reduced to one year if clearly agreed, but not excluded in a consumer sale. If you received the product as a gift, you may still bring a claim against the producer under strict liability if the defect caused injury or qualifying property damage.

The company blames misuse - what defenses exist

Manufacturers may argue misuse, alteration, or that the product was safe given state of the art at the time development risk. They may also point to compliance with mandatory standards. You can counter with evidence that your use was normal or foreseeable, instructions were inadequate, or the defect existed before any modification. Expert analysis is often decisive.

How do recalls and repairs affect my rights

A recall indicates a safety issue but does not automatically prove liability. It can, however, support your case. Accepting a repair or replacement does not waive injury claims unless you clearly agree to a settlement. Keep recall notices and correspondence. Businesses have duties to notify authorities and take corrective actions under the Product Safety Act, and failures can be relevant evidence.

Are group or class actions available in Switzerland

Switzerland does not have US-style class actions for damages. Several injured persons can coordinate and join their cases, and consumer associations can seek injunctive relief under certain statutes. Reforms on collective redress have been discussed but are not broadly in force for damages claims. Your lawyer can advise on strategic joinder or test cases.

Additional Resources

State Secretariat for Economic Affairs SECO - national coordination for product safety and recalls for non-food consumer products.

Swissmedic - authority for medicines and medical devices including vigilance and safety communications.

Federal Food Safety and Veterinary Office BLV - oversight of food, drink, and consumer articles that contact food.

Federal Office of Public Health BAG - public health oversight including certain product risk communications.

Federal Inspectorate for Heavy Current Installations ESTI - electrical product safety and compliance.

Federal Roads Office ASTRA - vehicle and automotive equipment safety and recalls.

Federal Office of Communications OFCOM - radio equipment and telecommunications device conformity and safety aspects.

Canton of Solothurn market surveillance and consumer protection offices - cantonal contact point for product safety notifications and enforcement for the Dornach area.

Stiftung fuer Konsumentenschutz SKS, Federation Romande des Consommateurs FRC, and Associazione Consumatori della Svizzera Italiana ACSI - consumer organizations that inform about unsafe products and consumer rights.

Ombudsman of Private Insurance and Suva - independent help for disputes with insurers regarding coverage and claims handling.

Next Steps

Step 1 - Prioritize your health. Get medical attention and follow medical advice. Keep all medical records and bills.

Step 2 - Preserve evidence. Do not discard or repair the product. Store it safely, keep packaging and receipts, and take photos or videos of the product, the scene, and your injuries.

Step 3 - Notify parties. Inform the seller and the manufacturer or importer in writing about the incident. Ask whether the product is subject to a safety warning or recall.

Step 4 - Report safety concerns. Consider informing the relevant authority in the Canton of Solothurn or the appropriate federal office, especially if there is a continuing risk to others.

Step 5 - Check insurance. Notify your health, household contents, accident, liability, and legal expenses insurers. Ask about coverage, deductibles, and deadlines.

Step 6 - Consult a lawyer. Speak with a product liability lawyer familiar with Swiss law and Solothurn procedures. Early advice helps protect deadlines, evidence, and strategy.

Step 7 - Assess your claims. With your lawyer, evaluate strict product liability, warranty, and tort options, potential defendants, and the forum for filing in Solothurn.

Step 8 - Prepare your case. Gather documents, witness details, and expert evaluations. Your lawyer can obtain technical assessments and medical reports and handle communications with opposing parties.

Step 9 - Try resolution. Many cases resolve through negotiation or at the conciliation authority. If needed, proceed to court in the canton within limitation periods.

Step 10 - Mind the deadlines. Limitation rules can be strict and vary by claim type. Do not delay in seeking legal advice to ensure timely action.

This guide provides general information and is not a substitute for tailored legal advice. If you are in Dornach or the surrounding region and a product has harmed you or a family member, contact a qualified Swiss lawyer to discuss your specific situation.