From 9 December 2026 new rules on liability for defective products apply in Montenegro: the manufacturer is liable for damage caused by a defective product regardless of fault, and software, electricity and digital manufacturing files also count as products. If the manufacturer has no seat in Montenegro or the EU, the importer, the authorised representative or the fulfilment service provider is liable, and under certain conditions so are the distributor and an online platform. The injured person claims compensation within three years of learning of the damage, the defect and the liable party, and no later than ten years after the product was placed on the market. The amendments to the Law on Obligations were published in Official Gazette 117/2026 and transpose Directive (EU) 2024/2853.
This guide explains who is liable, which damage is compensated, when a defect is presumed, when liability cannot be avoided and the deadlines.
Who is liable for damage caused by a defective product?
| Who | When they are liable |
| Manufacturer | always, for damage from its defective product and from a component it integrated |
| Component manufacturer | when the damage was caused by its defective component integrated under the manufacturer's control |
| Importer and authorised representative | when the manufacturer has no business seat in Montenegro or the EU |
| Fulfilment service provider | when there is neither an importer nor an authorised representative based in Montenegro or the EU |
| Whoever substantially modifies the product | when they modify it outside the manufacturer's control and place it on the market or into service again |
| Distributor | when it does not name the manufacturer, importer or its own supplier within one month of your request |
| Online platform | as a distributor, if it leads the consumer to believe that the product is offered by the platform itself or by a trader under its control |
- When several economic operators are liable, their liability is joint and several, so you can claim compensation from any of them (Article 181).
- Liability cannot be excluded or limited in advance, by law or by contract (Article 182v).
What counts as a product and when is it defective?
- A product is any movable item, even when integrated into another item, including electricity, digital manufacturing files, raw materials and software (Article 176).
- A product is defective if it does not provide the safety that can reasonably be expected or that Montenegrin or EU law requires (Article 177).
- The assessment also takes into account instructions, foreseeable use, software updates, the product's ability to learn, its connection with other products and cybersecurity.
- A product is not defective merely because a better product or a newer update has since appeared.
Which damage is compensated?
- death, bodily injury and medically recognised damage to psychological health;
- damage to or destruction of property, except the defective product itself and property used exclusively for professional purposes;
- destruction or corruption of data not used exclusively for professional purposes;
- the resulting material loss and non-material damage, where the law provides for it (Article 179).
What do you have to prove?
- The injured person proves the defect, the damage and the causal link between them (Article 182).
- A defect is presumed if the economic operator fails to disclose evidence ordered by the court, if the product does not meet mandatory safety requirements, or if the damage was caused by an obvious malfunction during normal use.
- The causal link is presumed when the defect is established and the damage is a typical consequence of it.
- For technically complex products the court may presume the defect or the causal link if proving it is excessively difficult and you show it is likely.
- The court may order the defendant to disclose evidence it holds, while protecting trade secrets (Article 182a).
When is an economic operator exempt from liability?
- It is exempt if it proves, for example, that it did not place the product on the market, that the defect probably did not exist at that time, or that the science and technology of the time could not detect it (Article 182b).
- The manufacturer cannot argue that the defect did not exist when the product was placed on the market if the defect comes from software, its updates, the lack of a necessary security update or a related service under its control.
- Liability can be reduced if the injured person's own fault contributed to the damage.
- The new rules do not apply to free and open-source software developed outside a commercial activity (Article 182e).
What are the deadlines?
| Deadline | Rule |
| Three years | from the day you learned or should have learned of the damage, the defect and the liable operator (Article 182d) |
| Ten years | from placing the product on the market or into service, or from placing a substantially modified product |
| 25 years | if a latent bodily injury prevented you from bringing proceedings within ten years |
- Final judgments on damage from defective products are published on the court's website (Article 182đ).
- These rules do not exclude rights arising from liability for material defects, complaints and guarantees, or other grounds of liability.
Complaints, guarantees and returns are explained in our guide to consumer rights, and buying used goods in our guide to second-hand items. The rules for e-scooters are explained in our guide to e-scooters and mopeds, and customs and VAT on parcels from abroad in our guide to parcels from abroad.
Frequently asked questions
When do the new defective product rules apply? The amendments to the Law on Obligations were published on 7 August 2026 in Official Gazette 117/2026 and apply from 9 December 2026.
Who pays for damage from a defective product bought outside the EU? In addition to the manufacturer, the importer and the authorised representative are liable, and if there are none, the fulfilment service provider.
Is software a product? Yes, under the new rules software counts as a product, and the manufacturer is also liable for defective updates and for missing necessary security updates under its control.
Is damage to the defective product itself compensated? No, these rules do not cover damage to the product itself, but rights from complaints and guarantees remain.
What is the deadline for claiming compensation? Within three years of learning of the damage, the defect and the liable operator, and no later than ten years after the product was placed on the market.
Is an online platform liable? It is liable as a distributor if it leads the consumer to believe that the product is offered by the platform itself or by a trader under its control, and does not name the liable operator within one month.
Sources
The new rules are set by the Law amending the Law on Obligations (Official Gazette 117/2026, Articles 175 to 182e as amended and Article 11 on application from 9 December 2026), which transposes Directive (EU) 2024/2853 on liability for defective products. The information was checked on 26 September 2026. Fijaka is a classifieds platform; this article is not legal advice.