If a defective product causes me damage, is the manufacturer or the shop liable?

Question

José Manuel Alburquerque · Accepted Answer

As a general rule, the manufacturer is, even if you did not buy from it and without any need to prove that it was at fault. The law also treats as a manufacturer the importer that brings the product into the European Union and anyone who puts their name or brand on it. The shop is liable for that damage as if it were the manufacturer only if it does not tell you within three months who made the product or who supplied it to the shop, or if it sold the product knowing that it was defective. If you bought the product, you can also claim against the shop under the contract, which covers the repair or replacement of the product and the damage resulting from its defect. The prudent course is to make a written claim against both. Who is liable as a manufacturer The manufacturer of the finished product and also the manufacturer of a defective component built into it, such as the battery in a device. The importer, which is the company that brings the product into the European Union to sell it. It is liable in the same way as the manufacturer. Anyone who presents the product as their own by putting their name or brand on it, such as a supermarket's own brand, even if someone else makes it. Anyone who suffers the damage can claim, whether or not they bought the product, such as a relative or a guest who is injured in your home. If more than one party is liable, you can claim the full amount from any one of them or from all of them, who will then share out what has been paid among themselves. And clauses in the contract or the manual that exclude or limit this liability cannot be used against you. When the shop is liable If you do not know who made the product, ask the shop in writing to tell you. If within three months it does not identify the manufacturer or whoever supplied the product to it, the shop is liable as if it were the manufacturer. If it is an imported product that does not state who the importer is, the shop has to tell you who imported it or who supplied it to the shop, even if the product states who made it. It is also liable as a manufacturer if it sold the product knowing that it was defective. If you bought the product from the shop, it is also liable to you under the contract for the product itself and for the damage resulting from its defect. You can use this route at the same time as the one against the manufacturer. If the damage is due to faulty installation or a repair, the claim is made against the company that did the work. To escape liability, it has to prove that it acted with due care. For some services, such as the repair of household appliances or gas and electrical installations, not even that is enough. How to claim and what is going to change Make a written claim against the manufacturer or the importer and against the shop, with photos, the receipt and a description of the damage. Before bringing a claim in court, the law requires an attempt to reach an agreement, so it is advisable for your letter to make a genuine offer to negotiate and not simply demand payment. For products placed on the market after 9 December 2026, an EU directive extends the list of those liable. If the manufacturer is outside the European Union, its importer and its representative in Europe will be liable and, failing them, the logistics company that stores and dispatches the product. The shop will be liable if, within one month of being asked, it does not identify a liable party or whoever supplied the product to it. The same rule will apply to online platforms that act as more than mere intermediaries. Spain has to incorporate the directive into its law and, as of October 2026, there is no record that it has done so.