Clipping of news on Brazilian Culture, Law and Citizenship
01.04.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Expertise ascertained that device exploded while carrying on a cooler and hit several rooms in the house
Motorola was sentenced by the Court of Rio Grande do Sul (TJ-RS) to pay almost R$ 150,000 for moral and material damages to a client who had part of the house burned in a fire caused by the explosion of his cell. The technical expertise confirmed that the flames set off the device, which was carrying on a refrigerator.
Motorola tried to appeal, but Justice increased indemnity values
In the lower court, the company was ordered to pay damages to the victim, to be calculated in the final award, and pay R$ 20,000 in respect for moral damages. Both parties appealed. Motorola called on the merits of forensic evidence, pointing to the absence of a causal link between the company and the author caused damage, and request a reduction of the indemnity amount.
But the client called saying there was no need to calculate the amount to be paid, since the injury was determined by means of budgets - and that the damage is not restricted to the kitchen, also reaching other parts of the residence. On appeal, it also called for increasing the amount of compensation for moral damages.
In TR-RS, the conviction was upheld on the basis of technical expertise made on site and the occurrence of similar cases with handsets of the same brand. The rapporteur said it was undeniable duty to indemnify the supplier, because it is the product liability placed on the consumer market that does not offer the safety that is expected of it.
Regarding the value of pain and suffering, this was increased to R$ 30,000, taking into account the seriousness of the situation, the economic conditions of the author and the author's son fact of the action to be asleep in the house at the time of the fire. But the value of the property damage has been set at R$ 112,205.75.
* With information from the TJ-RS Press Office.
Source: Economic Brazil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.