{"id":101764,"date":"2026-04-01T10:34:50","date_gmt":"2026-04-01T10:34:50","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=101764"},"modified":"2026-04-02T09:47:34","modified_gmt":"2026-04-02T09:47:34","slug":"colombia-product-liability","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/colombia-product-liability\/","title":{"rendered":"Colombia: Product Liability"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-101764","comparative_guide","type-comparative_guide","status-publish","hentry","guides-product-liability","jurisdictions-colombia"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Vera Abogados Asociados S.A.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/04\/Vera-logo.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Vera Abogados Asociados S.A.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/04\/Vera-logo.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Product Liability laws and regulations applicable in Colombia<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main causes of action upon which a product liability claim can be brought in your jurisdiction, for example, breach of a statutory regime, breach of contract and\/or tort? Please explain whether, for each cause of action, liability for a defective product is fault-based or strict (i.e. if the product is defective, the producer (or another party in the supply chain) is liable even if they were not individually negligent).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Colombia, the consumer protection regime contained in Law 1480 of 2011 provides rules on liability for defective products.<\/p>\n<p>Article 20 of such legislative regime establishes the requirements to establish liability for defective products, warning that producer and retailer are jointly and severally liable.<\/p>\n<p>When establishing the definition of defective product in numeral 17 of article 5, the law prescribes that these are products that, due to an error, do not offer reasonable safety to which every person is entitled.<\/p>\n<p>In numeral 14 of article 5, it establishes as definition of safety: Safety: \u201cCondition of the product in accordance with which in normal situations of use, taking into account the duration, the information provided under the terms of this law and, if applicable, the commissioning, installation and maintenance, does not present unreasonable risks to the health or integrity of consumers. In case the product does not comply with safety requirements established in technical regulations or sanitary measures, it shall be presumed unsafe.\u201d<\/p>\n<p>Further on, Article 21 of the law in question, establishes the liability for defective products, demanding for the same to be concrete, only three requirements:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>The affected party must demonstrate the defect of the good.<\/li>\n<li>existence of the damage.<\/li>\n<li>causal link.<\/li>\n<\/ol>\n<p>In accordance with the above, and to answer the introductory question, in Colombia three actions are admitted:<\/p>\n<ol style=\"padding-left: 0\">\n<li>Liability for defective product for violation of a statute, since numeral 14 of article 5 of law 1480 of 2011, warns that a product does not comply with the safety feature when it does not meet the requirements of this obligation, in accordance with technical regulations or sanitary measures.<\/li>\n<li>Contractual liability when there has been a contract between the producer or retailer and the holder of the good, and the contract is the basis of the claim.<\/li>\n<li>Tort liability. When there has not been a contract between the producer or seller and the holder of the good, which serves as the basis for the claim.<\/li>\n<\/ol>\n<p>Type of liability: Article 22 of Law 1480 of 2011 contains the grounds for exoneration of liability for defective damage; however, within the same, the demonstration of diligence is not contemplated, therefore it is concluded that it is a strict liability regime.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is a \u2018product\u2019 for the purpose of the relevant laws where a cause of action exists?  Is \u2018product\u2019 defined in legislation and, if so, does the definition include tangible products only?  Is there a distinction between products sold to, or intended to be used by consumers, and those sold for use by businesses?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the law 1480 of 2011, establishes the concept of product in numeral 8 of article 5 as any good or service, this means that it includes tangible or intangible products.<\/p>\n<p>Likewise, the consumer statute brings a definition of defective product, as that movable or immovable property does not offer reasonable safety.<\/p>\n<p>Regarding the definition of defective product, the Superintendence of Industry and Commerce, which is an administrative entity with jurisdictional powers and in charge of ensuring compliance with the consumer regime, has established that this definition applies to both products and services.<\/p>\n<p>Regarding the distinction between products intended to be used by consumers and businesses, in the definition of consumer established in numeral 3 of Article 5 of Law 1480 of 2011, it is said that consumer is any natural or legal person as final recipient, acquires, enjoys or uses a certain product, whatever its nature for the satisfaction of an own, private, family or domestic and business need when it is not intrinsically linked to its economic activity. This means that the only difference between consumer, natural person or company, is that the latter is not a consumer when the product is linked to its economic activity. However, this has been long decanted by jurisprudence, in order to fully identify in each case whether the business is linked to its economic activity or not.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who or what entities can bring a claim and for what type(s) of damage? Can a claim be brought on behalf of a deceased person whose death was caused by an allegedly defective product?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 20 of Law 1480 of 2011, establishes that damage is understood as follows:<\/p>\n<p>As damage, the following are understood:<\/p>\n<ol style=\"padding-left: 0\">\n<li>Death or bodily injury, caused by the defective product;<\/li>\n<li>Those produced to a thing other than the defective product, caused by the defective product.<\/li>\n<\/ol>\n<p>In accordance with the foregoing, it is understood that those directly affected, or in case of death, their heirs, may file a claim for product liability.<\/p>\n<p>The law does not strictly speak of compensation for material damages; therefore compensation for non-pecuniary damages can also be claimed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available against a defendant found liable for a defective product? Are there any restrictions on the types of loss or damage that can be claimed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The remedies that may be taken to enforce the judgment that has found the defendant liable for a defective product are:<\/p>\n<p>Compensation in money for the damage, which will be appraised by the judge according to what is proven in the trial.<\/p>\n<p>The order to cease the commercialization of the defective product if applicable to the specific case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">When is a product defective?  What must be shown in order to prove defect?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law 1480 of 2011 in its article 5 paragraph 17 defines a defective product as a good (remember at this point that the Superintendence of Industry and Commerce also includes services) that due to an error in the design, manufacture, construction, packaging or information, does not offer the reasonable safety to which everyone is entitled.<\/p>\n<p>According to the above, a defect in any of the phases of design, manufacture, construction, packaging or information must be proven; however, as noted by attorney Juan Felipe Acosta<sup>1<\/sup>, the law does not develop the criteria to be met by the affected party to prove the defect.<\/p>\n<p>Also, has to prove the damage, and the link between the defective product and the damage.<\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">1<\/sup> <span style=\"font-size: 12px\"> ACOSTA Juan Felipe \u201cProduct Liability o Da\u00f1o por Producto Defectuoso en Colombia: Realidad, Vac\u00edos y Retos\u201d. LA PROTECCI\u00d3N AL CONSUMIDOR EN EL DERECHO COLOMBIANO. P\u00e1gina 121. Editorial Legis, Univeridad del Rosario. Bogot\u00e1 . Colombia. 2024.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which party bears the burden of proof?  Can it be reversed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, in Colombia, the party who alleges a fact is the one who must prove it, which applies, of course, to the case of product liability.<\/p>\n<p>However, very exceptionally, the General Procedural Code admits the possibility of reversing the burden of proof. This can be done by the judge ex officio or at the request of a party, taking into account circumstances such as the proximity of the other party to the evidence, for having in its possession the object of the evidence, for having directly intervened in the facts that gave rise to the dispute, for special technical circumstances, etc. It is reiterated, however, that these are very special circumstances, and that this is not the general rule.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors might the court consider when assessing whether a product is defective?   To what extent might the court account for a breach of regulatory duty, such as a breach of a product safety regulation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In addition to looking at the aforementioned criteria on design, manufacture, construction, packaging or information, Law 1480 establishes that a defective product is one that does not offer reasonable safety.<\/p>\n<p>Regarding safety, numeral 14 of article 5 of law 1480 establishes that it is the condition of the product that in accordance with its normal use does not present unreasonable risks to the health or integrity of consumers.<\/p>\n<p>Likewise, judges must observe whether the duty of information regarding defective products, enshrined in Article 19 of Law 1480 of 2011, which provides that when a member of the chain of production, distribution and marketing, has knowledge that at least one product manufactured, imported or marketed by it was complied with, has a defect that has produced or may produce an adverse event that threatens the health, life or safety of people, it must take corrective measures against the products not dispatched and those put into circulation, and must report the fact within three (3) calendar days to the authority determined by the National Government.<\/p>\n<p>The regulatory standards will be taken into account by the judges to a great extent, since it is presumed that a product is unsafe when it does not comply with the safety requirements of technical regulations or sanitary measures, as it is expressly stated in numeral 14 of article 5 of the law on protection to the consumer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can be held liable for damage caused by a defective product?  If there is more than one entity liable, how is liability apportioned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 20 of Law 1480 of 2011 expressly states that the producer and the dispenser are jointly and severally liable for the damages caused by the defects of their products. This means that the affected party may sue either or both of them at the same time, and they must respond for the whole. If only one of them is liable, then he can sue again the one he considers also liable, and it will be the judge who will define the proportionality, if any.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What defences are available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The exceptions that may be filed by the defendant are specified in Article 21 of Law 1480 of 2011:<\/p>\n<ol style=\"padding-left: 0\">\n<li>by cause of force majeure or fortuitous event;<\/li>\n<li>When the damages occur due to the exclusive guilt of the affected party;<\/li>\n<li>Due to the act of a third party;<\/li>\n<li>When he has not put the product into circulation;<\/li>\n<li>When the defect is a direct consequence of the elaboration, labelling or packaging of the product according to existing imperative norms, without the defect could have been avoided by the producer without violating such norm;<\/li>\n<li>When at the time the product was put into circulation, the state of scientific and technical knowledge did not allow discovering the existence of the defect.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the relevant limitation period(s) for bringing a claim? Does a different limitation period apply to claims brought on behalf of deceased persons?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The time will vary depending on whether it is contractual or tort liability, according to the rules of the Colombian Civil Code. According to these rules, if the action is contractual, the term will be five years, and if it is tort, the term will be 10 years. However, in specific cases, the term may vary. The same applies in case the claim is initiated in favour of deceased persons.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 43 of Law 1480 of 2011, in its first and second paragraphs, expressly establishes that clauses that limit the liability of producers and suppliers with respect to their obligations are ineffective; likewise they establish that clauses that affect the consumer&#8217;s rights are ineffective; therefore, the liability of suppliers and producers cannot be excluded or limited, except in the case of the defenses that we have already seen that they can propose, and events of fortuitous event or force majeure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on the territorial scope of claims brought under a strict liability statutory regime?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The strict tort liability does not configure a limitation in its scope at territorial level; the general rules of the General Code of the Process are followed as to the territorial place of filing the respective action, as a general rule it can be filed in the domicile of the defendant or in the place where the facts occurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What does a claimant need to prove to successfully bring a claim in negligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances might a claimant bring a claim in negligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available?  Are punitive damages available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If there are multiple tortfeasors, how is liability apportioned?  Can a claimant bring contribution proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the relevant limitation period(s) for bringing a claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the laws governing contractual liability provide for any implied terms that could impose liability where the product that is the subject of the contract is defective or does not comply with the terms of sale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there are no implicit clauses in this sense; this is not an obstacle for the parties to include clauses such as penalties for non-compliance due to defective products.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available, and from whom?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The affected party may terminate the contract and request damages; it may also request compensation for the damages caused concomitant with the demand for performance of the contractual obligations. Damages for non-performance due to defective product may have been assessed by the parties by means of a penalty clause.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What damages are available to consumers and businesses in the event of a contractual breach?  Are punitive damages available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Consumers may claim damages for pecuniary and non-pecuniary damages.<\/p>\n<p>Companies may request compensation for pecuniary damages.<\/p>\n<p>In Colombia the legal institution of punitive damages is of exceptional application by judges; however, the parties may agree in the contract the application of the punitive penalty clause as a sanction for non-fulfilment, and they may also stipulate that the affected party may demand the payment of the punitive penalty clause and the fulfillment of the obligation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As mentioned above, clauses limiting the liability of producers and suppliers are ineffective. What the producer or supplier can do is to take out an insurance contract so that the insurer is able to respond for the damages that may be caused.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Of course, the defences already explained in the previous chapter can also be raised by the defendant in cases of contractual liability for defective products.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise the rules governing the disclosure of documents in product liability claims and outline the types of documents that are typically disclosed.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The rules of disclosure of documents are in accordance with the rules of civil proceedings in Colombia. That is, in the evidentiary stage of each process.<\/p>\n<p>In the lawsuit, evidence is provided and requested to the judge. The defendant is aware of this contribution and request for evidence when he is notified of the claim, and at the appropriate procedural moment, that is, together with the answer to the claim, he will also provide and request evidence to the judge.<\/p>\n<p>After exhausting these stages, the judge will decide which evidence will be taken into account and which will be decreed, and the time in which they will be practiced.<\/p>\n<p>Normally the usual documents are photographic material, medical reports, contracts and receipts, if any.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are product liability claims usually funded?  Is third party litigation funding permitted in your jurisdiction and, if so, is it regulated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The cost of product liability litigation is normally borne by the plaintiff, and it is the plaintiff and its legal representative who agree on the amount of the fees. The financing by third parties is a novel figure in the Colombian legal spectrum with no more than five years of operation; therefore it follows the general rules between creditors and debtors.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can a successful party recover its costs from a losing party?  Can lawyers charge a percentage uplift on their costs?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At trial, when a judgment is rendered, the losing party is ordered to pay costs in favour of the winning party. However, the lawyer may not charge a fee not foreseen or raise its percentage, unless there is an express agreement between the lawyer and the client.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can product liability claims be brought by way of a group or class action procedure?  If so, please outline the mechanisms available and whether they provide for an \u2018opt-in\u2019 or \u2018opt-out\u2019 procedure.  Which mechanism(s) is most commonly used for product liability claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, a group action regulated by Law 472 of 1998, by means of which damages are sought for a group of persons affected by a defective product or service.<\/p>\n<p>On the other hand, there are the popular actions, also regulated by Law 472 of 1998, whose objective is the cessation of danger or threat to the collective legal good.<\/p>\n<p>In the case of group actions, the affected parties may become a party prior to the filing of the lawsuit, or if the judgment is favourable, they may request that said judgment cover them; however, there is no obligation to become a party in this type of action; nevertheless, the names of the affected parties will appear in the writ of claim.<\/p>\n<p>Since its objective is the compensation of damages, the mechanism used in liability cases is the group action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please provide details of any new significant product liability cases in your jurisdiction in the last 12 months.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Within the last 12 months, the Supreme Court of Justice, in a decision of December 2023, in a lawsuit filed by the co-owners of a building in Ibague for finding problems in the finishes and infrastructure of the building, emphasized that the co-owners of a building are fully entitled to file a lawsuit because they are consumers or end users, the Court emphasized that the co-owners of a property are fully entitled to file the lawsuit because they are consumers or end users (this was the reason for the defendant&#8217;s argument that the co-owners were not entitled to file the lawsuit, but that it should be the legal representative of the legal entity recognized to the condominium). It also emphasized the following points:<\/p>\n<p>The \u201c core elements\u201d of Law 1480 of 2011 \u201care to be found in the legal guarantee for the quality, suitability and safety of the legal guarantee for the quality, suitability and safety of the products offered in products offered in the market (Titles II and III), liability for defective products (Title IV), adequate disclosure of information (Title V), and the disclosure of information (Title V), prohibition of false and misleading advertising (Title VI) and misleading advertising (Title VI) and contractual protection (Title VIII)\u201d.<\/p>\n<p>The obligation that has every producer to\u00a0 ensure the suitability and safety of the goods and services he offers or goods and services offered or placed on the market, as well as the quality offered.,\u00a0 In no case may these be inferior or contravene the provisions of technical regulations and sanitary or phytosanitary measures, so that their \u2018non-compliance\u2019 gives rise to responsibility jointly and severally of the producer and supplier for the guarantee of consumers\u201d; \u201d(&#8230;) responsibility of the individual administrative; individual administrative liability before the supervisory and control authorities\u00a0 under the terms of this Law\u201d; and \u2018(&#8230;) responsibility for damages due to defective products, under the terms of this Law\u2019; and \u201d(&#8230;) responsibility for damages for defective products, under the terms of this Law\u201d.<\/p>\n<p>The consumer&#8217;s statute imposes on all producers the obligation to ensure the adequacy and safety of the goods and service offered or placed on the market, as well as the quality offered. And, for its effectiveness, provides rules of liability for defective liability for damages due to defective products, inadequate or insufficient information or inadequate or insufficient information or misleading information or misleading advertising, together with actions aimed at achieving this safeguard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any policy proposals and\/or regulatory and legal developments that could impact the current product liability framework, particularly given the advancements in new technologies and increasing focus on the circular economy?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since 2018 Colombia has developed a strategy on circular economy, however, at this time there are still no new policies proposed that directly and specifically affect product liability.<\/p>\n<p>It should be noted that in fact, in Colombia, consumer claims and complaints are usually channeled through other actions related to warranties, non-compliance with quality or quantity, lack of suitability, etc.; this in one way or another means that there is no specific focus on the updating of product liability. However, after the progress made in the European Union, there will surely be an important reform in this regard in the near future.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends are likely to impact upon product liability litigation in the future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Artificial intelligence will undoubtedly impact litigation to a greater extent in the future, especially considering that it will impact concepts such as who will constitute the passive party. In fact, the doctrine has already begun to put the issue under discussion, so it is expected that this will undoubtedly be an issue that will change the judicial landscape in this area.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3614<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/101764","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=101764"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}