Legislators,the judiciary,and theorists hold different views about whether product self-damage falls within the scope of product liability is a matter of varying perspectives among legislators,judiciary,and theorists.The liability for self-damage based on product flaws,and the liability for damages to others caused by product defects,differ in terms of the nature of liability,elements of liability,and forms of responsibility.In the traditional civil law system,the former is considered a warranty liability under contract law,while the latter is a no-fault product liability under tort law,and they should not be conflated.However,Article 19 of the"Interpretation of the Book of Tort Liability in Civil Code"specifically includes product self-damage within the scope of product liability,breaking away from traditional civil law theory.To avoid internal conflicts within the civil code system,special attention is required in legal practice.In terms of application scope,it is clear that only product self-damage caused by defects can be remedied through tort liability.In terms of compensation scope,partial performance interests can be included within the protection scope of tort liability.Regarding exemption reasons,the defect inspection period cannot serve as a reason for not assuming tort liability.
product self-damageproduct liabilityflawdefectscope of liability
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