A product I bought injured my child. Who is liable under EU law?

What the Law Says

The core EU rule on product liability is set out in the Product Liability Directive, which all EU Member States have implemented into national law. It establishes strict liability for producers when a defective product causes personal injury or damage to private property.

The Directive applies to any product that is 'defective' — meaning it does not provide the safety a person is entitled to expect, taking into account all circumstances including its presentation, intended use, and time it was put into circulation.

Liability falls first on the 'producer': this includes the manufacturer of a finished product, a raw material supplier, or a component part maker. Importers who place products from outside the EU onto the EU market are also treated as producers.

You do not need to prove negligence or contractual breach — only that the product was defective, your child was injured, and there is a causal link between the defect and the injury.

Statutory Text

The producer shall be liable for damage caused by a defect in his product.

— Council Directive 85/374/EEC, Art. 1 — Liability of the producer

Statutory Text

A product is defective when it does not provide the safety which a person is entitled to expect…

— Council Directive 85/374/EEC, Art. 6(1) — Definition of defect

Statutory Text

The right to claim damages shall be extinguished after a period of three years…

— Council Directive 85/374/EEC, Art. 10(1) — Limitation period

Sources