Odpowiedzialność za szkodę wyrządzoną przez produkt niebezpieczny żywnościowy pierwotny i przetworzony. Wybrane problemy

Abstract

In accordance with food law liability for defective product is essential to seek damages, in the case of damage caused by the food. In the article the author presents several issues concerning liability for defective food product. Food is characterized by the fact that inappropriate transport or storage conditions may cause the food becomes unsafe at each stage of the food chain. This means that the producer relatively easy may release himself from liability. At the same time, under this regime of liability, any other operator of the food chain is not responsible in that case. Additionally, it is provided for ten year limitation period, starting from the product launch, independent of the point where damage occurs. Moreover, the situation of agricultural producer is unfavorable. Very often it is impossible to detect the dangerous qualities of the unprocessed food. In addition, unprocessed food becomes dangerous due to the circumstances in which the farmer has no impact (e.g. pollution). The author concludes that the legislator, establishing rules for product liability, has not taken into account the specific features of food product. As the result of the above the protection of the consumer on the basis of this regime of liability is not sufficient but on the other hand the liability of farmer is too strict.