중국의 제조물책임에 관한 연구 - 책임주체, 손해배상의 범위, 면책사유 및 시효를 중심으로

The Defendants, Damages, Defenses and Time-Limitation on Products Liability Claims in China

&nbsp;&nbsp;One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect.<BR>&nbsp;&nbsp;The Purpose of this paper is to clarify the defendants, damages, defenses and time-limitation on products liability claims in China.<BR>&nbsp;&nbsp;In most products liability cases, the only or principal defendant is the manufacturer that designed, manufactured, and marketed the product which injured the plaintiff.<BR>&nbsp;&nbsp;Depending on the nature of the claim the plaintiff may recover compensatory damages for personal injury, property damages, and economic loss. Even if the plaintiff proves all of the elements necessary for tort liability, the defendant product seller may be able to avoid or reduce its liability by establishing an affirmative defense.<BR>&nbsp;&nbsp;The time period of statutes of limitation is 2 years and the time period of statutes of repose is 10 years.