Liability Risen from Flaws in Medical Equipment and the Related Principles

Nowadays, conventional contractual responsibility based on charges cannot fully attend to the newly risen issues, and creating fairness between the rights of the manufacturers and the consumers is almost a lost cause. According to Article 433 and 2 of the Law on the Protection of Consumer Rights, in the event of a fault, partial, the sufferer has the right to terminate the transaction or to maintain a lender and obtain an order. However, if the transaction is general, the replacement of the good with a healthy sample or its' return is the right of the consumer. Otherwise, it must be compensated according to the civil general rules or general rules of liability. Subsequently, the Consumer Protection Legislation, which was signed into a law in 2009 and the medical equipment bylaw ratified in 2015, are the earnest steps on the way of introducing new acts to the Iranian legal system which efficiently could deal with flaws in products and services. The object of the current paper is an evaluation of liability arisen out of any flaw in consumer products and surveying the related legal principles. Documentary to the article 25 of the Medical Devices and Supplies Regulations of 1394, only the lack of conformity of the product with the manufacturer's claim requires a compensation for damages, and the protection of consumer rights does not require a contract or proof of fault. Accordingly, the responsibility in the bylaw is based on sole responsibility and beyond the responsibilities set forth in civil law and public rules or general rules that are envisaged in Iranian law. Therefore, the basis of danger in the law and the law of loss in Imam's jurisprudence is more consistent with this article. In this study, descriptive-analytical method has been used. So, after referring to written sources in medical law, civil and criminal law and jurisprudence of Imamiyeh, the logical method and rational reasoning, the collected data were analyzed .