Legal analysis
According to relevant laws and regulations, the objects of product quality disputes include ordinary daily commodities, food, medicines, bulk commodities, luxury goods and other product types, among which typical and frequent disputes include bulk consumer goods such as automobiles, household appliances such as air conditioners and water heaters, health food and medicines, and jewelry and jade transactions. Diversity of product liability disputes and characteristics related to people's livelihood. In terms of plaintiff qualification, consumers sue on the grounds of product liability disputes. The plaintiff's qualification is not limited to the parties to the commodity sales contract, and both the actual user and the actual victim of the product can sue. In addition, the law does not prohibit the parties from buying counterfeit products while knowing that the products have quality defects. On the defendant's side, consumers can sue producers and sellers. If the goods are purchased through shopping malls, trade fairs, trading markets and other places, you can also sue the organizer of the event and the owner of the counter. After the promulgation of the new consumer law, the online trading platform in online shopping may also become the defendant. If it can't provide the information of producers or sellers, it needs to bear the responsibility of paying in advance. In a product quality dispute case, the defendant can be either a producer or a seller. So consumers can sue producers and consumers.
legal ground
People's Republic of China (PRC) product quality law
Article 41 Where a product is defective, causing personal injury or damage to property other than the defective product (hereinafter referred to as other people's property), the producer shall be liable for compensation. The producer shall not be liable for compensation if it can prove that one of the following circumstances exists: (1) the product has not been put into circulation; (2) When the product is put into circulation, the defect causing damage does not exist; (3) When the product is put into circulation, the level of science and technology cannot find the existence of defects.
Article 42 If the product is defective due to the fault of the seller, causing personal injury or property loss to others, the seller shall be liable for compensation. If the seller cannot specify the producer or supplier of the defective product, the seller shall be liable for compensation.