EL CONSUMIDOR QUE HA SUFRIDO UN DAÑO POR UN PRODUCTO DEFECTUOSO ES EL QUE HA DE ACREDITAR EL DEFECTO, EL DAÑO Y EL NEXO ENTRE AMBOS.

Abstract

Under Act 22/1994 on civil liability for damages caused by defective products, a user endeavouring to obtain reparation for damages caused by a product that is defective will be the person who must prove that there actually was a defect, in addition to the cause/effect relationship between the product and the damage. Sometimes proving the defect is rendered unfeasible or impossible, either because the product itself has disappeared or because of the complexity of the product. Although attempts have been made to palliate this difficulty of proof on the basis of presumptions, in many cases the presumptions cannot be applied either, resulting in a certain defencelessness for the consumer. The entry in force of Royal Legislative Decree 1/ 2007 of 16 November approving the Revised General Act for consumer and user defence and other complementary laws has not made for any changes in the matter.