Development Risk and the legitimate expectations of the consumer: The vulnerability of the consumer

The main objective of this study is to analyze the behavior of the consumers and the responsibility of the producer in the circulation of defective products. However, the defect was not known at the time of the distribution of the product and the identification of the risk wouldn’t have been possible.Indeed, the phenomena of production and mass distribution expose the public to even more serious risks that, in various ways, are attributable to the organization of production processes.However, the producer's liability is excluded because a revision of the traditional rules of liability, in which the consumer cannot remain without compensation, is noticed.The most adequate solution should be the creation of systems of guarantees in order to obtain compensation from both the manufacturers of defective products and the State itself. It is a duty that everyone is obliged to respect each time their actions may result in danger of damage to others.

Master Degree obtained at USP (University of São Paulo).Lawyer. Partner of Goffi Scartezzini Law Firm.