Product Liability 2009 - Arnold & Porter LLP

Oppenheim Hungary
3.2 Is there a state of the art/development risk defence? Is
there a defence if the fault/defect in the product was not
discoverable given the state of scientific and technical
knowledge at the time of supply? If there is such a
defence, is it for the claimant to prove that the fault/defect
was discoverable or is it for the manufacturer to prove that
it was not?
According to the Product Liability Act, the producer can escape
liability if, at the time the product was placed on the market, the
defect could not have been discovered according to the current state
of scientific and technological developments. The general rules of
onus probandi apply, i.e. the producer has to prove that the defect
was not discoverable.
3.3 Is it a defence for the manufacturer to show that he
complied with regulatory and/or statutory requirements
relating to the development, manufacture, licensing,
marketing and supply of the product?
The Product Liability Act provides that it is an exonerating factor if
the producer proves that the dangerous feature of the product is the
result of compliance with certain mandatory provisions of law.
3.4 Can claimants re-litigate issues of fault, defect or the
capability of a product to cause a certain type of damage,
provided they arise in separate proceedings brought by a
different claimant, or does some form of issue estoppel
prevent this?
The rules of Act III of 1952 on Civil Procedure (Civil Procedure
Act) provide for the principle of res judicata so that if a judgment
is enforceable, it cannot be contested by the same parties unless
there has been procedural irregularities during the trial or a new
relevant fact arises which was unknown to the parties. This rule
does not prevent other injured parties from litigating in respect of
the same defect.
3.5 Can defendants claim that the fault/defect was due to the
actions of a third party and seek a contribution or
indemnity towards any damages payable to the claimant,
either in the same proceedings or in subsequent
proceedings? If it is possible to bring subsequent
proceedings is there a time limit on commencing such
proceedings?
4 Procedure
4.1 In the case of court proceedings is the trial by a judge or a
jury?
The institution of a jury does not exist in Hungary; therefore the trial is
always by a judge. Trials of first instance are by a single judge. During
appeals the trial is before a panel of three judges. The Supreme Court
sits in panels of three judges during revision proceedings but if it is
necessary due to the complexity of the matter, the Supreme Court can
order that the case should be heard by a panel of five judges.
4.2 Does the court have power to appoint technical specialists
to sit with the judge and assess the evidence presented by
the parties (i.e. expert assessors)?
The court has no such powers. In case certain expertise is needed
for the consideration of certain matters or issues, the court can
request experts or technical specialists to present their opinion and
such opinions will bear the same value as any other evidence.
4.3 Is there a specific group or class action procedure for
multiple claims? If so, please outline this. Is the
procedure ‘opt-in’ or ‘opt-out’? Who can bring such
claims e.g. individuals and/or groups? Are such claims
commonly brought?
Class action does not exist in the Hungarian legal regime.
However, in case the defected product caused damage to more than
one person they can file a joint claim together against the producer.
4.4 Can claims be brought by a representative body on behalf
of a number of claimants e.g. by a consumer association?
Yes. Under Section 39 of Act CLV of 1997 on Consumer Protection
(the Consumer Protection Act) the consumer protection authority,
non-governmental organisations for the protection of consumers’
interests or the public prosecutor may file charges against any party
causing substantial harm to a wide range of consumers by illegal
activities. This possibility is open only within one year of the
occurrence of the infringement.
4.5 How long does it normally take to get to trial?
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In accordance with the Product Liability Act, the producer shall not According to the Civil Procedure Act, the date of the first hearing shall
be exempt from liability towards the injured party if the damage be scheduled to a date no later than four months after the receipt of the
incurred was in part due to a reason attributable to a third party. statement of claim by the competent court, unless the act determines
This does not affect the legitimate claims of the manufacturer another date. Should the latter be the case, the hearing cannot be
against a third party. The producer can claim contribution towards scheduled to a date later than nine months following the receipt of the
any damages payable under the general rules of statutory claim. In case the amount of the dispute is not higher than HUF 1
limitations, which is five years.
million, the rules of low amount matters and order for payment shall
apply according to which the first hearing shall be scheduled to a date
3.6 Can defendants allege that the claimant’s actions caused
or contributed towards the damage?
no later than 45 days after the competent court has received the
statement of opposition sent by the defendant in connection with an
order for payment. (Section 388 (2) of Civil Procedure Act.)
The producer is not liable for compensation for the part of the
damage which was caused by any conduct attributable to the injured 4.6 Can the court try preliminary issues, the result of which
party. It is also important to note that the injured party bears determine whether the remainder of the trial should
responsibility for the activity or negligence of all parties whose proceed? If it can, do such issues relate only to matters of
conduct falls under his responsibility. Therefore, if damages are law or can they relate to issues of fact as well, and if there
awarded to the claimant they are reduced by the amount the court
considers to be the counter value of the share of contribution of the
is trial by jury, by whom are preliminary issues decided?
claimant for the damages.
ICLG TO: PRODUCT LIABILITY 2009
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