Product-related injuries can give rise to compensation claims in the UAE, but liability depends on where the claim is brought, how defect and causation are proved, and whether UAE law or common law principles apply.
Introduction
Defective products cause injuries in many forms. Faulty electronics. Unsafe machinery. Defective vehicles or parts. Medical devices that malfunction. Everyday consumer goods that fail in normal use.
When injury occurs, the law does not ask whether the product was merely disappointing. It asks whether the product was defective, whether that defect caused harm, and who in the supply chain should bear responsibility.
In the UAE, product liability claims may be brought onshore under federal law, or within the DIFC Courts or ADGM Courts, depending on jurisdiction.
What is a Defective Product?
Under the UAE Consumer Protection Law (Federal Law No. 15 of 2020), a product is considered defective if it does not provide the level of safety that consumers are entitled to expect when used under normal or reasonably foreseeable conditions. The law defines a defect broadly to include any shortcoming relating to the product’s design, manufacture, composition, packaging, labelling, instructions, or warnings that may cause harm to the consumer. A product may therefore be defective even if it functions as intended, where it poses an unreasonable risk to health or safety.
Defects usually fall into three broad categories:
- manufacturing defects, where a product deviates from its intended design
- design defects, where the product is inherently unsafe even if manufactured correctly
- failure to warn, where risks were not adequately disclosed or instructions were unclear
The classification is extremely important because it affects how fault and causation are assessed.
The Legal Framework
Mainland UAE
As previously mentioned, onshore product liability in the UAE is governed primarily by the UAE Consumer Protection Law (Federal Law No. 15 of 2020), together with its Executive Regulations and related product safety legislation. This framework applies to goods supplied through physical stores, digital platforms, and import channels within the UAE.
Article 24 of the Consumer Protection Law expressly provides that consumers have the right to compensation for any personal or material damage suffered as a result of defective goods or services. Any agreement or contractual term that seeks to exclude or limit this right is deemed void.
The objectives of the law are set out in Article 2, which makes clear that the legislation is intended to ensure consumer safety, protect health and property, and guarantee fair treatment in the supply of goods and services. In line with this objective, the law places affirmative obligations on suppliers across the distribution chain.
Under this regime, the supplier, a term defined broadly to include manufacturers, producers, importers, distributors, retailers, and agents, is required to ensure that products placed on the market are safe, compliant, and fit for ordinary use.
Where a defective product causes harm, consumers may pursue remedies through Consumer Protection Departments and, where necessary, through the UAE courts. Regulatory breaches may also trigger administrative penalties, product recalls, or criminal liability, depending on severity.
In essence, courts assess:
- whether the product was defective
- whether the defendant was responsible for placing it into circulation
- whether the defect caused the injury
These provisions apply to goods sold in physical and digital marketplaces within the UAE. They are strongly pro-consumer, and enforcement is increasing as consumer expectations and regulatory scrutiny grow.
DIFC
In the DIFC, product liability claims are assessed under common law principles through the DIFC Law of Obligations (DIFC Law No. 5 of 2005).
Jurisdiction is a threshold issue. The DIFC Courts will only hear product liability claims where jurisdiction is established under the Judicial Authority Law (Dubai Law No. 12 of 2004) and the DIFC Courts Law (Dubai Law No. 10 of 2004). This may arise where:
- the defendant is established or licensed in the DIFC
- the damage occurred within the DIFC
- the parties have agreed to a DIFC Courts jurisdiction clause
If a recognised jurisdictional gateway is absent, DIFC law cannot be invoked even if common law principles would otherwise be attractive.
Once jurisdiction is established, claims are typically framed in negligence or breach of obligation, and courts rely heavily on expert evidence to determine defect, standard of care, and causation.
ADGM
ADGM, like DIFC, applies English Common Law. This brings with it well-developed product liability principles and English Tort principles for product defect claims.
Claims may be based on negligence and, where applicable, statutory-style concepts reflected in English law. Courts examine whether the product was unsafe, whether the risk was foreseeable, and whether reasonable steps were taken to prevent harm.
ADGM claims often involve technical analysis of design, testing, warnings, and industry standards. Expert evidence is usually decisive.
As with DIFC, ADGM Courts require jurisdiction to be established before hearing the claim.
Who Can Be Sued in a Product Liability Claim?
UAE consumer protection law and practice cast a wide net to ensure accountability across the distribution chain, not just at the manufacturer level. Depending on the jurisdiction and facts, claims may be brought against:
- manufacturers and producers
- importers bringing products into the UAE market
- distributors and suppliers
- retailers and vendors
- entities involved in the supply chain that failed to ensure safety
Courts assess who had control, who placed the product into circulation, and who failed to meet safety obligations. In multi-party cases, responsibility may be apportioned between defendants.
Proving Defect and Causation
Product liability claims are evidence driven. A mere accident involving a product is not enough. Courts look for a clear causal chain. Claimants must show that the product was defective and that the defect caused the injury. This usually requires:
- product testing or laboratory reports
- engineering or technical expert opinions
- medical evidence linking injury to product failure
- purchase and warranty records
- warnings and instructions provided (or not provided)
Common Defences raised by Defendants
Defendants often argue that:
- the product was misused in an unforeseeable way.
- adequate warnings and instructions were provided.
- the defect arose after the product left their control.
- the claimant’s own actions contributed to the harm.
These defences are tested against the evidence and, in free zone claims, against common law standards of foreseeability and reasonableness.
Limitation Periods
Mainland UAE
Onshore product liability claims are subject to the limitation framework under the UAE Civil Transactions Law (Federal Law No. 5 of 1985). Article 298 provides:
- a three-year limitation period from the date the injured party became aware of the damage and the responsible party
- an absolute long-stop period of fifteen years from the date of the harmful act
This limitation structure applies to tort-based product injury claims, including those arising from defective goods.
DIFC
In the DIFC, negligence-based product liability claims are generally subject to a fifteen-year limitation period, derived from Article 9(2) of the DIFC Law No. 5 of 2005 (Law of Obligations) statutory framework governing limitations for damages caused due to negligence.
ADGM
In the ADGM, limitation periods are governed by the Limitation Act 1980, as applied through the Application of English Law Regulations 2015.
- Under Article 11, Personal injury claims may be subject to a three-year period based on the date of injury or date of knowledge.
- Under Article 2, other negligence-based claims commonly fall within a six-year limitation period, depending on classification and facts.
Product liability law in the UAE protects consumers and holds suppliers responsible for defective products that cause harm. Onshore claims rest on statutory consumer protection and product safety legislation with broad consumer rights and strong enforcement. In DIFC and ADGM, claims take a common law path with similar ultimate goals but different analytical frameworks.
To succeed, claimants must clearly show defect, causation, and loss with expert and documentary support. Defendants have a range of technical defences. Given the evolving regulatory landscape and the increasing emphasis on safety and compliance, proactive risk management and early legal assessment are essential for both consumers and businesses in the UAE. Businesses are advised to implement compliant processes to meet statutory obligations. This article offers a general overview and does not address all legal duties.
