Best Dangerous Product Lawyers in Muttenz

About Dangerous Product Law in Muttenz, Switzerland

Dangerous product law in Muttenz is governed by Swiss federal legislation that applies nationwide, with local enforcement by Basel-Landschaft authorities. The system focuses on two key areas. First, product safety rules that aim to prevent unsafe goods from reaching consumers. Second, civil liability rules that allow injured people to claim compensation when a defective product causes harm.

Muttenz is part of Basel-Landschaft, a canton with strong chemical, pharmaceutical, and industrial activity. This means consumer goods, medical devices, machinery, chemicals, household appliances, toys, and automotive products are all relevant. If a product has a safety defect and causes injury or damage, Swiss law provides several avenues for redress, including strict product liability, contractual warranty, and fault-based claims.

Switzerland aligns many technical safety requirements with European standards. However, Swiss rules and procedures are distinct, especially on liability thresholds, time limits, and the role of importers and distributors in the Swiss market.

Why You May Need a Lawyer

You may need legal help if you suffered bodily injury, property damage, or financial loss because a product malfunctioned, exploded, overheated, broke unexpectedly, or contained harmful substances. A lawyer can assess liability, quantify damages, and protect your rights with insurers and manufacturers.

Legal support is useful if you face a recall, warranty denial, or a dispute with a seller or manufacturer about repairs, refunds, or replacements. Lawyers can interpret warranty terms, validate exclusions, and determine whether product safety law overrides contract clauses.

When the responsible company is abroad, a lawyer can identify the correct Swiss importer or distributor, establish jurisdiction, and decide whether to sue in Switzerland or elsewhere. This is common with online purchases shipped into Switzerland.

If multiple people are injured by the same product, a lawyer can coordinate joint actions, liaise with consumer associations, and manage evidence preservation. This is especially important for medical devices, pharmaceuticals, and household appliances.

Where technical complexity is high, such as machinery, chemicals, or medical products, a lawyer can work with experts to prove defect, causation, and compliance gaps with Swiss or harmonized standards.

Local Laws Overview

Product safety - Federal Product Safety Act (PrSG) and implementing ordinances: Producers and distributors must place only safe products on the market and take corrective actions if risks emerge. This includes risk assessments, traceability, warnings, withdrawals, and recalls. Market surveillance in non-food consumer products is coordinated nationally, with cantonal bodies performing inspections and enforcement.

Strict product liability - Product Liability Act (PrHG): A producer is liable without fault for injuries or qualifying property damage caused by a defect. Property damage is covered only for items intended and used mainly for private purposes and is subject to a deductible of 900 Swiss francs. Liability does not cover damage to the defective product itself. The producer includes the manufacturer, the importer into Switzerland, and anyone presenting as producer by branding.

Damages and caps under PrHG: Compensation can cover medical costs, lost earnings, pain and suffering according to Swiss law, and eligible property damage. There is a global cap for personal injury liability per event of 70 million Swiss francs.

Time limits under PrHG: Claims must be brought within 3 years from the date you knew or should have known of the damage, the defect, and the producer. There is a 10 year long stop from when the producer put the product into circulation.

Contract and tort - Swiss Code of Obligations (OR): You may also claim based on contract law for defective goods and on tort law for unlawful acts. Warranty claims for defects in sales contracts typically expire 2 years after delivery. For used goods this period may be reduced to 1 year by agreement. Tort claims generally prescribe 1 year from knowledge of damage and liable party, with a 10 year long stop, subject to longer limits if the act is criminal.

Sector laws: Additional regimes apply to specific products. Therapeutic Products Act for medicines and medical devices. Foodstuffs and Utility Articles Act for foods and food contact materials. Chemicals Act for hazardous substances and mixtures. Electrical safety and machinery are subject to technical ordinances and harmonized standards. Vehicles and parts are overseen under road traffic legislation.

Recalls and notifications: Businesses must promptly inform competent authorities and affected consumers if a product poses risks. Authorities can order recalls, withdrawals, or bans. Consumers should follow recall instructions and document any harm.

Court procedure in Basel-Landschaft: Most civil claims start with a conciliation authority before proceeding to the civil court, unless an exception applies. The language is usually German. Switzerland follows a loser-pays cost principle, though legal aid may be available for those without means.

Frequently Asked Questions

What counts as a defective or dangerous product in Switzerland

A product is defective if it does not provide the safety that a person is entitled to expect, considering its presentation, foreseeable use or misuse, and the time it was put into circulation. This can include design flaws, manufacturing errors, inadequate instructions or warnings, or contamination.

Who can I sue if the manufacturer is abroad

You can sue the Swiss importer or the distributor who supplied the product in Switzerland. Under Swiss law, an importer is treated as a producer for strict liability. Sellers may also be liable under contract law and in some cases under tort law.

What damages can I claim

Common heads of loss include medical expenses, rehabilitation costs, lost income, household help, and pain and suffering. Property damage to items for private use is compensable under the Product Liability Act but has a 900 franc deductible. Damage to the defective product itself is not covered by the strict liability regime, but may be addressed under contract law.

How long do I have to file a claim

Under the Product Liability Act you have 3 years from when you knew or should have known of the damage, the defect, and the responsible party, with a 10 year long stop from first circulation. Warranty claims for defective goods are typically time barred 2 years after delivery. Tort claims are generally 1 year from knowledge and 10 years absolute.

What evidence should I keep

Keep the product in its current state, including all parts and packaging. Preserve receipts, manuals, warnings, and any correspondence. Photograph the product, the scene, and injuries. Keep medical records and expenses. Do not repair or discard the product before consulting an expert or lawyer.

Do I have to prove fault

For strict product liability you do not need to prove fault, only defect, damage, and causation. For contract warranty claims and tort claims, different standards apply and fault or breach may matter. A lawyer can advise on the most suitable legal basis.

Are class actions available in Switzerland

Switzerland does not have US style class actions. However, multiple claimants may coordinate or join claims, and certain associations can bring actions to protect collective interests in limited contexts. Collective redress tools are evolving, but individual claims remain the norm.

What if I bought the product online from an EU seller

If the product entered the Swiss market through a Swiss importer or platform, you may have Swiss defendants. If shipped directly, jurisdiction and enforcement become more complex. A lawyer can assess whether Swiss courts have jurisdiction and identify the responsible importer or representative.

Can companies exclude liability in their terms

Contract terms cannot exclude strict liability under the Product Liability Act for personal injury. Warranty rights can sometimes be limited, but consumer protections and mandatory law restrict unfair exclusions. Unclear or surprising clauses may be invalid.

Will there be a recall and should I participate

If an authority or company announces a recall, follow the instructions, register your product, and document all steps. Participation does not waive your right to claim compensation for injuries or losses. Keep copies of recall notices and any communications.

Additional Resources

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

Swissmedic - Market surveillance and safety for medicines and medical devices.

Federal Office for Food Safety and Veterinary Affairs - Oversight of food and food contact materials.

Federal Office of Public Health - Radiation and certain consumer health protections.

Federal Roads Office ASTRA - Vehicle and vehicle parts safety oversight.

Federal Inspectorate for Heavy Current Installations ESTI - Electrical product safety and approvals.

Suva - Market surveillance for machinery and personal protective equipment and occupational safety expertise.

Kanton Basel-Landschaft authorities - Civil courts and conciliation authorities for claims arising in Muttenz.

Kantonales Laboratorium Basel-Landschaft or equivalent cantonal consumer protection services - Local enforcement for product safety in the canton.

Private legal expenses insurers in Switzerland - Potential coverage for legal fees in product liability disputes.

Next Steps

First, prioritize safety and medical care. Obtain prompt treatment and keep all medical reports, prescriptions, and invoices.

Second, preserve the product, packaging, manuals, and proof of purchase. Do not alter or repair the product. Take clear photos and note dates, locations, and witnesses.

Third, check for recalls or safety notices from authorities or the seller. Keep a record of any recall communications and steps you take.

Fourth, consult a lawyer experienced in product liability in Basel-Landschaft. Bring all documents and a timeline of events. Ask about time limits, evidence strategy, potential defendants, and expected costs.

Fifth, notify your health insurer and, if you have it, your legal expenses insurer. A lawyer can help coordinate with insurers and protect your claim value.

Sixth, consider expert analysis. Technical or medical experts can help prove defect and causation. Your lawyer can recommend appropriate experts.

Finally, decide on the legal route. Options include negotiating with the seller or importer, filing a claim with the conciliation authority, or bringing a civil lawsuit. Your lawyer will tailor the approach based on the facts, deadlines, and evidence.