Product Liability Law: From Theory to Prative in Vietnam

Abstract

Product liability law plays an important role in protecting consumers in the modern society. This article analyzes the development of product liability law in the world, presents the concept and characteristics of product liability, examines product liability law in the United States and European Union, and compares with Vietnamese law on protection of consumer rights. The article also surveys some cases decided by Vietnamese courts in which consumers claimed damages for companies’ infringement on their rights, and points out the loopholes and shortcomings of the law and of the courts’ application of law. The authors then argue that these shortcomings result from the lack of an independent body of product liability law which is based on sound theoretical foundation, and proposes directions to address this problem.