Post by messi23 on Mar 12, 2024 4:32:50 GMT -6
Manufacturer is objectively liable for damages caused by its products. Based on this understanding set out in article of the Consumer Protection Code the rd Panel of the Superior Court of Justice ordered the automaker Mitsubishi to pay R$ to a retired judge who suffered permanent injuries due to the airbag deployment in his car. reproduction Retired judge suffered permanent injuries when an airbag deployed in his car. reproduction In the compensation action the judge stated that he was driving the vehicle when while avoiding a person who invaded the road he collided with a pole and despite the low speed at the time of the crash the airbag was activated.
Due to the impact of the safety device he claimed to have Germany Phone Number suffered injuries to his face partial loss of vision and glaucoma which led to him undergoing several surgeries. The judge of first instance established compensation for moral damages in the amount of R$ an amount that was reduced to R$ by the Court of Justice of Santa Catarina. Through a Special Appeal Mitsubishi sought to completely dismiss the conviction. In his defense he claimed that the compensation process was proposed a year and a half after the accident which made the examination impossible.
Furthermore the automaker argued that airbags by their very nature and function subject the user to the risk of injuries to the face and eyes to protect them from death or greater bodily harm. The appeal's rapporteur Minister Nancy Andrighi pointed out that the manufacturer has a duty to place a quality product on the market. Therefore if there is any failure in relation to the safety or suitability of the product in relation to the purposes for which it is intended the manufacturer will be objectively liable for the damage that the product may cause as provided for in article of the Defense Code of the Consumer.
Due to the impact of the safety device he claimed to have Germany Phone Number suffered injuries to his face partial loss of vision and glaucoma which led to him undergoing several surgeries. The judge of first instance established compensation for moral damages in the amount of R$ an amount that was reduced to R$ by the Court of Justice of Santa Catarina. Through a Special Appeal Mitsubishi sought to completely dismiss the conviction. In his defense he claimed that the compensation process was proposed a year and a half after the accident which made the examination impossible.
Furthermore the automaker argued that airbags by their very nature and function subject the user to the risk of injuries to the face and eyes to protect them from death or greater bodily harm. The appeal's rapporteur Minister Nancy Andrighi pointed out that the manufacturer has a duty to place a quality product on the market. Therefore if there is any failure in relation to the safety or suitability of the product in relation to the purposes for which it is intended the manufacturer will be objectively liable for the damage that the product may cause as provided for in article of the Defense Code of the Consumer.