Protection of Consumer Position in Relation with Business Actors from an Absolute Responsibility Perspective

Abstract

The burden of proof is always on the plaintiffs in consumer goods loss actions, if the law is followed. Consumers bear a significant burden of evidence due to their lack of knowledge about the production process, the technology used, and the materials really utilized by producers in their roles as business actors. As mentioned in its explanation, the burden of proof is reversed in Consumer Protection Act by adopting a reverse burden of proof system. Hence, this study intends to examine ratio of legislation and principles in Consumer Protection Act and the use of the principle of absolute responsibility as an equalization of the position of consumers with business actors in the Consumer Protection Act. This study takes a legislative approach to normative research. The findings indicate that there are differences of opinion regarding the application of the burden of proof reversal system in the UUPK, owing to the fact that consumer protection is still considered to be inadequate, particularly in claims for compensation for defective products and products containing materials known to be hazardous to physical and mental health. Consumers are not compensated if the business actor establishes that the loss was the result of consumer mistake.