Product or Service Defect
A serious defect that goes beyond poor performance and causes harm to the health, safety, or property of the consumer. Also called a defect, it occurs, for example, when spoiled food causes food poisoning or an appliance catches fire. In such cases, the supplier is liable for the losses regardless of fault, and compensation is due for the harm suffered.
Statutory reference: Law 8.078/1990 (CDC), arts. 12.