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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.05.2004.–31.12.2013.
Amendments not included: 12.09.2013.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

7 April 2004 [shall come into force from 1 May 2004].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following Law:

On Liability for Defective Goods and Deficient Services

Section 1.

This Law regulates liability for harm that has been inflicted upon human life or health, or upon the property of a person, due to defective goods or deficient services, as well as determines the duty to compensate for losses.

Section 2.

The provisions of this Law do not affect the rights of the injured person to claim compensation for losses in accordance with other laws.

Section 3.

(1) This Law applies to any movable tangible article, also if it is a component part of another movable or immovable article, as well as to electric energy and gas (hereinafter - goods).

(2) This Law applies to services, as a result of which the provider of the services manufactures a new tangible article, improves or alters an existing tangible article or its properties, as well as to services which have direct or indirect influence on human life or health.

Section 4.

This Law does not apply to compensation for losses if harm is caused to human life or health, or to the property of a person, as a result of a nuclear accident.

Section 5.

(1) If harm is inflicted upon human life or health, or upon the property of a person, due to defective goods or deficient services, it is the duty of the manufacturer of the goods or the provider of the services to compensate for the losses caused to the injured person.

(2) It is the duty of the manufacturer of the goods or the provider of the services to compensate for losses also in the case where a person has obtained the goods from a distributor.

(3) The liability of the manufacturer or the provider of services for the harm that has been inflicted upon human life or health, or upon the property of a person, due to defective goods or deficient services may not be in advance reduced or exempted

(4) Agreements which are contrary to the provisions of this Section are void.

Section 6.

(1) The manufacturer is a natural or legal person who manufactures goods or their component parts, or identifies itself as the manufacturer by indicating (labelling) on the goods or their packaging, or in the technical documentation or the technical registration of the goods, its name (firm name) or the given name, surname, trademark or other distinguishing mark.

(2) A person who imports goods within the scope of its economic activity in order to put them into circulation in the European Union (hereinafter - the importer), shall be considered, with respect to liability, as the equivalent of the manufacturer.

(3) If it is not possible to identify the manufacturer or the importer of the goods (if the goods have been imported), the distributor of the goods or any other person who has sold or otherwise distributed the goods shall be liable for losses caused, except in the case when such person, taking into account the circumstances, in a timely manner has provided information regarding the manufacturer of the goods, the importer, or the person who has supplied the goods.

[7 April 2004]

Section 7.

(1) It shall be considered that goods are defective, if the safety that a person is entitled to expect of the goods has not been guaranteed, taking into account all the circumstances, including:

1) the description of the goods - their structure and packaging;

2) the instructions (directions) for installation or utilisation;

3) the use of the goods under normal or expected circumstances; and

4) the time when the goods were put into circulation.

(2) It shall be considered that services are deficient if the safety of such services that a person is entitled to expect has not been guaranteed, taking into account all circumstances, including:

1) the means of providing the services, the structure and composition of the article;

2) the information that has been provided regarding the services; and

3) the time when the services were provided.

(3) It shall not be considered that goods are defective or services are deficient for the sole reason that better goods have been put into circulation, or better services have been provided.

Section 8.

(1) A manufacturer or a provider of services shall be held liable also for the loss that has resulted both from defective goods or provision of deficient services, and also from some action of a third person.

(2) In the case referred to in Paragraph one of this Section, the manufacturer or the provider of the services has the right to bring a third party action against such third person, insofar as his or her action has caused or increased the loss.

Section 9.

If two or more persons are liable for the same loss, they shall be held solidarily liable.

Section 10.

If harm has been caused to human life or health, compensation for the losses shall be determined in accordance with the Civil Law.

Section 11.

(1) If harm has been caused to the property of a person, the injured person has the right to claim compensation for the losses, but only if all the following conditions have been observed:

1) the goods or articles that have been damaged or destroyed are other than the goods or articles which are defective;

2) the damaged or destroyed goods or articles are such as intended for personal use or consumption, and were utilised by the injured person for such purpose; and

3) at the moment of infliction of the harm, the amount of losses exceeded the equivalent of 500 Euro in lats.

(2) The injured person has a duty to prove the loss, the defect of goods or services and the causal relationship between the defect of goods or services and losses.

[7 April 2004]

Section 12.

A manufacturer or a provider of services may be exempted from liability fully or partly, if, taking into account all circumstances, it is established that the cause of the loss is both a defective goods or deficient services and the fault of the injured person or another person for whom the injured person is responsible.

Section 13.

(1) A manufacturer shall not be liable if he or she proves that:

1) he or she has not put the goods into circulation;

2) taking into account the relevant circumstances, there is a reason to believe that the defect which caused the loss appeared after the goods being put into circulation;

3) the goods were not manufactured to be put into circulation or otherwise be distributed for the purpose of making a profit, nor were they manufactured or distributed within the scope of economic activities;

4) the level of scientific and technological development at the time when the product was put into circulation was not so high as to enable the defect or flaw to be discovered; or

5) the defective goods resulted from the fact that the manufacturer complied with requirements set by the State or a local government.

(2) A provider of services shall not be liable, if he or she proves that:

1) taking into account the relevant circumstances, there is a reason to believe that the defect which caused the loss appeared after provision of the service;

2) the level of scientific and technological development at the time when the services were provided was not so high as to enable the deficiency to be discovered; or

3) the deficient services resulted from the fact that the manufacturer complied with requirements set by the State or a local government.

(3) The manufacturer of a component shall not be liable if he or she proves that the defective goods or deficient services are related to the structure of the goods or the articles in which the component has been placed (fitted), or to the instructions (directions) given by the manufacturer of the goods or the provider of the services.

[7 April 2004]

Section 14.

(1) An action for compensation for losses may be brought within three years from the day when the injured person became aware, or taking into account the circumstances, there is a reason to believe that he or she should have become aware of the defective goods or deficient services, of the losses and the person to compensate for the losses.

(2) An action for compensation for losses may not be brought if ten years have passed from the day when the manufacturer put the goods into circulation, or the provider of the services provided the service that caused the loss for the injured person.

(3) The running of the limitation period and interruption of the limitation period shall be subject to the provisions of the Civil Law.

[7 April 2004]

Transitional Provision

Section 11, Clause 3 of this Law shall come into force on 1 January 2003.

Informative Reference to European Union Directives

This Law contains legal norms arising from Directives 85/374/EEC and 1999/34/EC.

This Law has been adopted by the Saeima on 20 June 2000.

President V.Vīķe-Freiberga

Riga, 5 July 2000

 


1 The Parliament of the Republic of Latvia

Translation © 2012 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 20.06.2000.Entry into force: 19.07.2000.Theme:  Consumer rightsPublication: Latvijas Vēstnesis, 250/251, 05.07.2000.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 14, 27.07.2000.
Language:
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