Civil liability for incorrect information: manufacturer and seller may be liable for losses

Delivering the product is not enough. You have to state correctly what it does. It sounds basic, but precisely because it is basic, it is often forgotten.

In a recent ruling on the civil liability of manufacturers and sellers, the STJ examined a case involving an agricultural fertilizer used on a soybean crop. The product did not release phosphorus in the required amount, and the information given to the farmer was found to be inadequate. The manufacturer and the seller were held jointly liable for the crop losses.

Here is the warning for any company that manufactures, distributes or resells products: information comes with the goods.

Labels, manuals, sales materials, websites, guidance from sales representatives and customer service channels may be considered when assessing liability for a product’s defect or ineffectiveness. A company cannot advertise a certain capability and, once a loss occurs, treat its commercial information as talk without consequences.

Were there other problems in the field? There were. Soil, weather and crop management were examined. But the expert evidence pointed to the fertilizer’s ineffectiveness as the predominant cause of the crop loss.

This point also matters for the discussion of the victim’s contributory fault and causation. It is not enough to show that other factors capable of causing the damage existed. It must be proven that they actually contributed to the outcome.

For business owners, the measure is simple and serious: marketing, technical teams and sales must tell the same truth about the product.

A poorly worded commercial promise may stop being mere advertising. It may end up as evidence in a claim for damages.