In March 2016, the Austrian Supreme Court granted an award for pain and suffering to a patient for mental strain after a piece of broken scissors was left in his body following a surgery despite the fact that the claimant had not suffered any physical pain.
The action was brought against the manufacturer of the defective scissors under the Austrian Product Liability Act. The Act provides that a manufacturer or importer of defective products into the European Economic Area is liable for bodily injury caused by the defective product. This liability includes compensation for pain and suffering and that compensation should be awarded for ‘all physical and mental injury’.
The claimant’s concern was that the tip of the scissors would move around his body and harm his health.