Product Liability 2018 | Laws And Regulations | Kosovo

1 Liability Systems

1.1 What systems of product liability are available (i.e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty)? Is liability fault based, or strict, or both? Does contractual liability play any role? Can liability be imposed for breach of statutory obligations e.g. consumer fraud statutes?

Kosovo product liability is based on the fault-based liability system under Law No. 04/L-077 "On Obligation Relationships" (hereinafter "Law on Obligation").

Strict liability derives from Law No. 04/L-121 "On Consumer Protection" (hereinafter "Law on Consumer Protection") only for sellers of products with a warranty period, who, during such warranty period, cannot repair the damaged products. In this case, they are obliged to give consumers similar products or to refund the money with indemnity.