FINLAND Law and Practice Contributed by: Jussi Laasonen and Saara Järvinen, Ruoholahti Law
site also compiles voluntary recalls, withdrawals from the market and safety notices issued by companies.
the manufacturer would be, unless, within a reason - able time after receiving a claim for compensation (in practice, six months), they inform the injured party of the identity of the manufacturer or of the person who imported the product into the EU. Sale of Goods Act In Finland, the Product Liability Act is not applicable to commercial property damages. In these cases, a claim is typically based on the sales contract, gen - eral principles of contract law and the Sale of Goods Act (355/1987), which is non-mandatory law, as well as, where applicable, specific legislation relating to a particular product. In business-to-business (B2B) product liability, liabil - ity is based on fault (negligence). However, in these situations the burden of proof is reversed. Accord - ingly, in order to avoid liability, the seller must be able to demonstrate that the damage was not caused by negligence on their part. 2.2 Standing to Bring Product Liability Claims Only the injured party has the right to bring a product liability claim in Finland. An “injured party” is defined as a person who has suffered personal injury or dam - age to property caused by a product with a safety defect, where the property was, at the time of the damage, used primarily for private purposes. As explained in 2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Pro- ceedings in Product Liability Claims , the Consumer Ombudsman may also bring a class action, for exam - ple, where there are multiple injured parties and the other requirements for such an action are met. 2.3 Time Limits for Product Liability Claims A claim based on the Product Liability Act must be instituted within three years from the date on which the claimant became aware or should have become aware of the damage, the defect in the product and the identity of the liable party. However, a claim for damages must be instituted within ten years from the date on which the liable party put the product which caused the injury or damage into circulation.
2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law In Finland, personal injury and property damage are the main reasons for legal action in product liability matters. The legal framework regarding defective products is governed by a dual system. The Product Liability Act governs cases involving personal injuries and con - sumer property damage, while commercial property damages are mainly regulated by the Sale of Goods Act (355/1987). Product Liability Act The current Product Liability Act (694/1990) is based on the EU’s earlier Product Liability Directive 85/374/ EEC. The Act applies only to damage caused to a person or to property meant for private use or con - sumption and primarily used for such purposes by the injured party. A product means all movables. Damage to the product itself and pure economic losses are excluded from the scope of the legislation. The basis for liability under the Product Liability Act is that the product was not as safe as could have been expected. In assessing the safety of the prod - uct, the time when the product was put in circulation, its foreseeable use, the marketing of the product and instructions for use, as well as other circumstances, will be taken into consideration. A claim based on the Product Liability Act may be brought against the manufacturer of the product, as well as against the importer. An importer is defined as the party that has brought the product into the EU. A claim may also be brought against any party which has marketed the product as their own, if the product is labelled with their name, trade mark or other dis- tinguishing feature. If the manufacturer of the prod - uct cannot be identified, the party that has put the product into circulation (ie, the seller) will be liable for damage caused by the product in the same way as
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