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If a consumer suffers a damage with relation to the use of a product, he/she has the right to demand compensation from its manufacturer based on the provisions of the Civil Code. The definition of a dangerous product set forth in the Civil Code (Book III, Title VII) is broader than the one provided in the Act on general product safety and includes electric power and animals. The compensation proceedings take place in a civil court upon the request of the person who suffered the damage. The consumer does not have to prove the guilt of the manufacturer, it is, however, necessary to indicate the relation between the damage suffered and the fact that the product was dangerous.
Notwithstanding filing the court action, the consumer may notify the dangerous product to the OCCP or the Trade Inspection. The information will provide the basis for the President of the OCCP to initiate administrative proceedings against the manufacturer or the distributor of the allegedly unsafe product. During the proceedings, the manufacturer may be ordered to undertake actions which would eliminate the risk posed by the product.
The administrative proceedings carried out by the President of the OCCP and the court case are independent from one another.
More information about dangerous products may be found in the Register of Dangerous Products. Products are entered in the Register following a decision of the President of the OCCP.
A product may be entered in the Register only temporary and may be removed upon request of the interested party once it successfully proves that all the dangerous products of the kind were withdrawn from the market or that their non-conformity with the safety requirements was removed.
Information on dangerous products withdrawn from the markets in countries other than Poland is available in the RAPEX system.