What should I do if I am subjected to corporate litigation due to a product defect?

If product liability is recognized, punitive damages may be claimed, so it is correct that it may lead to corporate litigation.

If a manufacturer, while knowing of a defect in the product, failed to take the necessary measures regarding that defect and thereby caused serious harm to life or body, corporate litigation may be filed.

In this case, the manufacturer may bear liability for compensation within a range not exceeding three times the harm caused to the victim.

The precise calculation of the compensation amount applies criteria such as the following.

▶ The degree of intent

▶ The degree of harm caused by the defect in the relevant product

▶ The economic benefit obtained by the manufacturer through the supply of the relevant product

▶ Where the manufacturer received criminal punishment or an administrative disposition due to the defect in the relevant product, the degree of that criminal punishment or administrative disposition

▶ The period during which the supply of the relevant product continued and the scale of the supply

▶ The property status of the manufacturer

▶ The degree to which the manufacturer made efforts for the relief of the harm

However, where the victim cannot identify the manufacturer, the supplier who sold or lent the product for profit-making purposes may be subjected to corporate litigation and become liable to compensate for the harm.

If a damages lawsuit is filed, the issue may be clarifying the causal relationship with the harm through a clear process of the burden of proof.

In order to respond appropriately to this process, it is advisable to seek advice from a specialized attorney who has expertise in the relevant field and to respond strategically.