Abstract

ESPINOSA APRAEZ, Brenda. The products liability in the Ley 1480 of 2011. An approach based on a duty of care arising from the Constitution and the Statutes. Rev. Derecho Privado [online]. 2015, n.28, pp.367-399. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n28.11.

The liability from defective products introduced by the Law 1480 of 2011 breaks paradigms such as the need of the fault as a structural element of responsibility, the traditional separation between contractual and non-contractual liability, and the fact that some categories like safety obligations or the distinction between obligations of means and result only make sense in the context of a contractual relationship, among others, because it is an event of strict liability which may be explained by the breach of a peculiar safety obligation which exists regardless of the lack of a contract between consumer and the manufacturer.

Keywords : Products liability; strict liability; safety obligation; consumer protection.

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