Cyprus - Andreas Neocleous & Co

CYPRUS
CYP/39
does not lose his right to reject the products since he did not have the chance to
inspect them before they came to his possession.
The Safety of Consumer Products Law of 1994, which came into force on 11
January 1995, introduces and implements European standards for the safety of
products. It provides that buyers must be informed of any dangers resulting from
incorrect use of the products, outlines the legal responsibility of manufacturers,
importers and suppliers for bodily harm or death of a consumer resulting from
the use of their products, and provides for the banning or confiscation of
products which do not meet safety standards. It gives extensive powers to the
Consumer Protection Authority to conduct searches, and to confiscate or ban
products.
The Defective Products (Civil Liability) Law, Number 10(I)/95 ("the Defective
Products Law"), which came into force on 1 January 1997, renders the producer
or manufacturer of defective goods strictly liable for any damage caused by such
products and brings Cyprus legislation in this area into line with European
legislation. The law actually implements all European Directives on the area of
product liability, including the 85/574/EEC Directive.
Its main provisions are as follows:
• Wherever a defect in a product causes personal injury or damage, the victim
or his dependants may invoke the rules of strict liability to sue under the
Defective Products Law. Liability is not limited to manufacturers alone. The
Defective Products Law imposes liability under certain circumstances on the
importers of products into the Republic of Cyprus and on the suppliers unless
they comply with a request to name within a reasonable time the person
supplying them with the product;
• Defect is defined in section 4 of the Defective Products Law, which provides
that there is a defect in a product if the safety of that product is not such as the
consumer is entitled to expect. Of course, the circumstances under which the
product is used, possessed, and consumed must always be taken into account.
The burden of proving that there was a defect in the product and that the
relevant injury or damage was wholly or partly caused by that defect lies on
the plaintiff;
• Section 12 of the Defective Products Law provides several defenses to strict
liability. For example, the defendant will not be liable if he can show that the
state of scientific and technical knowledge at the time was not such that a
producer of products of the same description as the product in question might
be expected to have discovered the defect if it had existed in his products
while they were under his control (the development risks defense); and
• Section 11 of the Defective Products Law provides that the action must be
brought within three years of the date on which the plaintiff became aware or
could reasonably have become aware of the damage or injury. Moreover, no
action may be brought in any circumstances more than 10 years after the date
on which the defendant supplied the relevant product to another.
(Release 2 – 2013)