[vc_row][vc_column][vc_column_text]
NOTES ON OBJECTIVE CIVIL LIABILITY OF MERCHANTS TOWARDS CONSUMERS
[/vc_column_text][us_separator][vc_column_text] In strict civil liability, the responsibility to repair is attributed as the central axis due to the existence of a risk as an imputation criterion and a damage derived from that risk. Article 35 of Law 7427, the Law on the Promotion of Competition and Effective Consumer Protection, establishes the strict liability regime applicable when a consumer has been harmed by reason of the good or service provided or rendered by a merchant, regardless of the existence of fault. This means that, if a consumer suffers some type of injury in, for example, a commercial premises, the merchant could be held liable and could eventually be ordered to pay damages. This includes both injuries caused directly by the product or service received and those caused by another reason but within the same business. However, the issue of evidence must be analyzed since the aforementioned Law does not protect abuse of rights, and if the merchant has taken preventive measures, they cannot be held liable. In this regard, national courts have maintained a uniform approach, condemning the merchant for the damages suffered by the consumer on their premises, even in some cases where the award has been for large sums of money. However, case law has indicated that evidence plays an important role, since the consumer has the burden of proving the following: i) the injury and ii) the causal link between the merchant's risky activity and the damage caused. Furthermore, it is important to clarify that to seek liability based on Article 35 of the aforementioned Law, a consumer relationship must exist. It is clear that each case must be analyzed according to its specific context and in accordance with the legal system, and all determining factors must be taken into account, such as documentary evidence, testimonial evidence, unforeseen factors due to natural or accidental events, and possible fault of the victim, among others. However, merchants must be prepared and take all necessary measures to prevent a possible conviction. [/vc_column_text][us_separator][vc_column_text]Written by: Rodrigo Campos [/vc_column_text][/vc_column][/vc_row]
