Burnt by my iron

Burnt by my iron

"Steam escaped from the reservoir of my iron, even though it was closed properly. My hand was burnt. Since then, the appliance, which I bought a year ago, has stopped working. What are my rights?

Marie, Lully

In the event of a defect in a thing sold, i.e. in the absence of the quality agreed between the parties or expected in good faith by the buyer, the law of obligations provides for three alternative courses of action.

First of all, the buyer may request a reduction in the sale price if he wishes to keep the item purchased, despite the loss of its value. They may also rescind the contract, particularly if the defect is such that the item is unusable. Finally, the buyer has the right to replace the defective item with another of the same type. In addition to each of these actions, the buyer may claim compensation for the damage resulting from the defect. However, it should be noted that these legal remedies are subject to a limitation period of one year from delivery.

In addition to this route offered by the law of obligations, the purchaser of a good benefits from the protection afforded by the Product Liability Act. Although this legislation does not cover damage caused to the item itself, it does provide for compensation for damage, including personal injury, resulting from a product defect. Any movable item is considered to be a product and to be defective when it does not offer the safety to which an average consumer is entitled in the event of use in accordance with the purpose of the product.

Under this law, compensation for damage caused by a defective product is the responsibility not only of the seller who imports the product, but also of suppliers and other importers, who can only invoke their liability under the strict conditions laid down by the law.

The clear advantage of this law is that, for claims for damages, the three-year limitation period does not start to run until the victim becomes aware of the damage, the defect and the identity of the producer. The rights conferred on the victim are nevertheless extinguished on expiry of a period of 10 years from the date on which the product was put into circulation.

In conclusion, you can claim damages from the seller, supplier or importer as a result of your burn. However, once the one-year period has expired, you cannot claim reimbursement or replacement of your iron, unless a longer guarantee was contractually agreed. You should also be aware that tort and criminal law may also apply.