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Võlaõigusseadus, §§ 1061-1067 · Read the law's page

• If you produce, import into the EU, or put your name or trade mark on a product, including computer software, you answer for the death, bodily injury or damage to health it causes while defective (Arts. 1061(1), 1062(1), 1063(1)).
• If you cannot name the producer or your own supplier to the injured person within a reasonable time after being asked, you answer as the producer (Art. 1062(2)).
• Be ready to prove one of the defences in Art. 1064(1): that you did not put the product on the market, that it was probably not defective then, that it was not made for sale or distribution in your business, that the defect results from mandatory requirements in force then, or that the state of science and technology did not allow the defect to be discovered.
• If you make a raw material or component, be ready to show that the defect results from the design of the finished product or the finished-product producer's instruction (Art. 1064(2)).
• Do not rely on a contract term to limit or exclude your liability to the injured person; it is void (Art. 1067).

Võlaõigusseaduse ning võlaõigusseaduse, tsiviilseadustiku üldosa seaduse ja rahvusvahelise eraõiguse seaduse rakendamise seaduse muutmise seadus (uue tootevastutuse direktiivi ülevõtmine) · Read the law's page

• Treat software as a product: software you develop or supply in your business answers like any other product, whether sold alone or built into another product (draft § 1063(1)).
• Keep supplying the software updates and upgrades a product needs to stay safe while it is within your control; a defect caused by software, an update, a missing safety update or a substantial modification within your control is not excused by saying it arose after you put the product on the market (draft §§ 1061(3[1]), 1061(3[2]), 1064(2[2])).
• Keep the technical documentation you could produce if a court orders disclosure on the injured person's application; failing to produce it presumes the product defective (draft §§ 1065[1](1), 1065(2)).
• If you are outside the EU, your importer or authorized representative answers for the product in your place, then your fulfilment service provider, then a distributor or online platform that does not name the responsible business within one month (draft § 1062[1](6), (7), (9), (10)).
• Be ready to prove one of the defences in § 1064(1), including that the defect could not be discovered given the state of science and technology when the product was put on the market, put into service or under your control (draft § 1064(1) point 5).
• Do not rely on a contract term to limit or exclude your liability to the injured person; it is void (draft § 1067).