China Product Liability for Foreign Companies

Selling products in China exposes foreign companies to product liability risks. Understanding Chinese product liability law is essential for protecting your business and responding appropriately to claims.

Legal Framework

Product liability in China is governed by:

Who Can Be Held Liable?

Key Point: For imported products, the Chinese importer is often the first target of liability claims, but foreign manufacturers can also be pursued.

Types of Defects

Liability Standards

Strict Liability

Manufacturers face strict liability—no need to prove negligence. If the product is defective and causes harm, liability attaches.

Fault-Based Liability

Sellers are liable if they're at fault (knew or should have known of defect).

Damages Available

Product Recalls

China has mandatory recall requirements:

Protecting Your Business

Before Selling

Contractual Protections

If a Claim Arises

  1. Take the claim seriously
  2. Preserve evidence
  3. Investigate promptly
  4. Engage local legal counsel
  5. Consider settlement vs. litigation

Regulatory Enforcement

Beyond civil liability, regulators can impose:

Facing a Product Liability Issue?

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact me directly.

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