Consumer, who suffers damage with relation to the use of a product, has a right to demand compensation on the basis of the Civil Code. The proceeding takes place in a civil court upon the request of the person whose rights were infringed.

Moreover, the harmed market participant can submit a dangerous product report to the Office of Competition and Consumer Protection or to the Trade Inspection. On the basis of such information, administrative proceedings against the producer or the distributor may be initiated. In consequence, the President of the Office can order the enterprise to:

• withdraw the product from the market,
• recall the product from the customers,
• enter the product into the Register of Dangerous Products,
• impose a fine of up to PLN 100 thousand,
• fulfill specific obligations, e.g. label the product with a warning about the dangers it causes.

Recalling a product from customers means that the manufacturer has to re-purchase the product from the users at the prices they paid for it, regardless of the degree of the wear and tear. If the user has retained the receipt, he/she may approach the seller with the claim, otherwise, he/she has to go directly to the manufacturer.

More information on dangerous products, e.g. a detailed description, photo of the product and the name of the manufacturer, can be found in the Register of Dangerous Products maintained by the Office of Competition and Consumer Protection. The products are entered there following a decision of the President of the Office.

Information on dangerous products found from the markets in EU Member States is available in the RAPEX system (Rapid Alert System for non-food consumer products). The system contains details of products other than food, pharmaceuticals and medical devices.