Court: "Used Dishwasher Plugged In Caused Fire... Manufacturer Partially Liable"
[Asia Economy Reporter Kim Daehyun] A court ruling has determined that the manufacturer of a used dishwasher that caught fire while plugged in must bear some responsibility.
According to the legal community on the 27th, Judge Park Kangmin of the Seoul Central District Court Civil Division 46 recently ruled in a subrogation claim lawsuit filed by Insurance Company A against commercial dishwasher manufacturer Company B, ordering "Company B to pay approximately 12 million KRW to Insurance Company A," partially ruling in favor of the plaintiff.
The court stated, "It is difficult to easily foresee that using electronic products beyond their lifespan can cause not only malfunctions but also fires, and it is not common for fires to occur when using dishwashers past their durability period."
In September 2019, Mr. Lee, who operated a restaurant in Seoul, suffered damages worth about 31 million KRW when a fire broke out in a used dishwasher that was plugged in while the restaurant was temporarily closed for a menu change. However, he received insurance compensation under a fire insurance contract with Insurance Company A.
Subsequently, Insurance Company A filed a subrogation claim lawsuit, arguing that "since the fire was caused by a product defect, Company B must fully compensate Mr. Lee's damages under the Product Liability Act and other laws."
In response, Company B argued that the fire did not occur while Mr. Lee was using the product normally. They claimed the fire was not due to a defect in the product itself but because Mr. Lee used a product past its durability period without regular inspections or part replacements.
However, the court pointed out, "Manufacturers have a high duty of care to ensure safety in the design and manufacturing process so that consumers do not suffer damages even after the durability period has passed."
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Nonetheless, considering that Mr. Lee purchased the dishwasher, which was manufactured in 2010, as a used product in 2018 and there is no evidence that he received regular inspections during the 1 year and 2 months of use, the court limited Company B's liability to 40%.
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