Product Liability 2009 - Arnold & Porter LLP

Sweden
302
Roschier, Attorneys Ltd. Sweden
other natural person would likely be set aside by a court as
unreasonable.
5 Time Limits
5.1 Are there any time limits on bringing or issuing
proceedings?
Yes there are.
5.2 If so, please explain what these are. Do they vary
depending on whether the liability is fault based or strict?
Does the age or condition of the claimant affect the
calculation of any time limits and does the Court have a
discretion to disapply time limits?
The time limits vary depending on what the claim is based on and
the court may not choose to disapply them. They must, however, be
invoked in order to be applicable.
A claim under the PLA must be brought within three years from the
time when the claimant discovered, or ought to have discovered, the
defect. In no event may an action be brought later than ten years
after the defective product was put into circulation.
A claim under the TLA must be brought within ten years from the
time of the act (or omission) that caused the damage. A claim for
damage in a contractual relationship regarding the purchase of
goods must be brought within two years from the time the contract
was entered into, if the parties have not agreed otherwise. The time
limit under the Consumer Sales Act and the Consumer Services Act
is three years, unless the vendor has offered a longer warranty.
5.3 To what extent, if at all, do issues of concealment or fraud
affect the running of any time limit?
Concealment or fraud does not directly affect time limits.
Concealment or fraud may however indirectly affect the time limit
according to the PLA as it may determine the time when the
claimant discovered or ought to have discovered the defect.
6 Remedies
6.1 What remedies are available e.g. monetary compensation,
injunctive/declaratory relief?
The primary remedy in Sweden is monetary compensation, but
injunctive or declaratory relief is available under certain
circumstances. A request for a declaratory relief in a product
liability case may e.g. be granted if the damage is difficult to assess
and the time limit for bringing a claim is approaching.
6.2 What types of damage are recoverable e.g. damage to the
product itself, bodily injury, mental damage, damage to
property?
Damage to the product itself is not covered under the PLA or the
TLA. If there is an agreement between the parties, such damage
may be compensated through the agreement or the general rules of
the Sale of Goods Act.
Bodily injury and mental damage is recoverable under the PLA and
TLA and compensation for such damage covers (i) reasonable
medical costs and other associated costs, (ii) compensation for
present and future loss of income, (iii) certain compensation for
disability, disfigurement and scars, and (iv) certain compensation
for pain and suffering.
Damage to property of a type ordinarily intended for private use or
consumption which, at the time of the damage, was used by the
injured person for his own private use or consumption is
recoverable under the PLA less a deduction of SEK 3,500. There is
no corresponding deduction under the TLA. Compensation for
property damage covers repair or replacement costs up to the
market value of the damaged property.
6.3 Can damages be recovered in respect of the cost of
medical monitoring (e.g. covering the cost of investigations
or tests) in circumstances where the product has not yet
malfunctioned and caused injury, but it may do so in
future?
No, unless a defective product has already caused damage or injury,
damages cannot be recovered.
6.4 Are punitive damages recoverable? If so, are there any
restrictions?
Punitive damages in product liability cases do not exist under
Swedish Law.
6.5 Is there a maximum limit on the damages recoverable
from one manufacturer e.g. for a series of claims arising
from one incident or accident?
There is no stipulated limit on damages recoverable. A court may
however reduce the amount of compensation for a claim or series of
claims if considered unreasonably burdensome for the defendant.
6.6 Do special rules apply to the settlement of
claims/proceedings e.g. is court approval required for the
settlement of group/class actions, or claims by infants, or
otherwise?
All settlements of group actions must be approved by the court.
There are no special requirements for settlements in other product
liability cases.
6.7 Can Government authorities concerned with health and
social security matters claim from any damages awarded
or settlements paid to the Claimant without admission of
liability reimbursement of treatment costs, unemployment
benefits or other costs paid by the authorities to the
Claimant in respect of the injury allegedly caused by the
product. If so, who has responsibility for the repayment of
such sums?
No, not in general.
7 Costs / Funding
7.1 Can the successful party recover: (a) court fees or other
incidental expenses; (b) their own legal costs of bringing
the proceedings, from the losing party?
The general rule in Sweden is that the successful party can recover
every cost deemed necessary for its pleading of the case, including
court fees, expenses, legal costs and counsel fees, from the losing party.
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