What damage caused by a defective product can I claim for?

Question

José Manuel Alburquerque · Accepted Answer

Under the rules on liability for defective products, you can claim for death or personal injury and for damage to other property for private use, such as your home, furniture, clothes or private car. For damage to property, there is an excess of 500 euros, which is the part of the loss that the law leaves the injured party to bear. The defective product itself is not paid for by this route, but under the guarantee or the contract with the shop. Whatever this route leaves out can be claimed under the contract or under the general rules of civil liability, which can be used at the same time. Injury and death They are compensated with no excess. Judges usually assess injuries using as a guide the statutory compensation scale for traffic accidents (the “baremo”), which pays for the days it takes to recover, the after-effects, medical expenses and lost earnings. If the product causes death, the relatives affected can claim. Keep all invoices and medical reports. There is a cap of 63.106.270,96 euros, which is the most a manufacturer will pay for all the deaths and injuries caused by a series of identical products with the same defect. It only matters when a large number of people are affected. Damage to property Compensation is paid for damage to property intended for private use that you mainly used for that purpose, such as your home, your furniture, your household appliances or your clothes. Property that you mainly use for your work is excluded, such as a self-employed person's tools or a shop's stock. A deduction of 500 euros is made from the compensation. For example, if a defective fryer sets the kitchen on fire and the repairs cost 3.000 euros, 2.500 euros can be claimed by this route. The remaining 500 euros can be claimed by other routes, such as the contract with the shop that sold you the fryer. The fryer is not paid for by this route. It is claimed from the shop under the guarantee. Other routes and what is going to change The law allows you to claim at the same time under the contract with the shop or under the general rules of fault-based liability. By those routes you can also claim non-pecuniary damage (distress) that does not stem from an injury, damage to property used for work and the excess of 500 euros, although you then have to prove breach of contract or the fault of the party liable. For products placed on the market after 9 December 2026, an EU directive abolishes the excess. It adds damage to psychological health recognised by a doctor and the destruction or corruption of data not used for work. And it only excludes property used exclusively for work. Spain has to incorporate the directive into its law and, as of October 2026, there is no record that it has done so.