European UnionPersonal Injury
Slip and fall, medical malpractice, product liability, dog bites, defamation
25 questions
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Cross-Border Claims
(4)Which country's law applies to my personal injury claim if the accident happened abroad?
EU Regulation (EC) No 864/2007 (Rome II) generally applies the law of the country where the injury occurred, unless both parties are habitually resident in another EU country and the tort is manifestly more closely connected to that country.
Can I and the defendant agree to apply a different country's law to our tort claim?
Yes, but only in limited circumstances — parties may choose the applicable law for non-contractual obligations like torts under EU Regulation (EC) No 864/2007 (Rome II), subject to strict conditions and mandatory exceptions.
I was injured in a country whose law gives lower damages than my home country. Which law applies?
In cross-border personal injury cases within the EU, the law of the country where the harm occurred usually applies — but you may choose the law of your habitual residence if the tortfeasor could reasonably foresee you'd be affected there.
I was injured on a package holiday. Which law governs my personal injury claim?
Your personal injury claim arising from a package holiday in the EU is governed by the Package Travel Directive (2015/2302), which gives you rights against the tour operator, regardless of where the injury occurred.
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Product Liability
(2)I was injured by an AI-powered device. Does the new product liability directive cover this?
Yes, the new EU Product Liability Directive (2024/2843) explicitly covers AI-powered devices as 'products', making manufacturers liable for harm caused by defects, including software and AI-related flaws.
A product liability claim - does the burden of proof fall on me or the manufacturer?
In the EU, the burden of proof in product liability claims generally falls on the injured person, but the manufacturer must prove certain defences — such as that the defect did not exist when the product was put into circulation.
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Motor Accidents
(4)I was hit by a car in another EU country. Can I claim directly from their insurer?
Yes, under EU law you can usually claim directly from the at-fault driver’s insurer in another EU country, without needing to go through your own insurer or the driver first.
The hit-and-run driver can't be found. Can I still get compensation?
Yes, you can still get compensation through your national Motor Insurers' Bureau (MIB) or equivalent compensation body, even if the hit-and-run driver is unidentified.
The uninsured motorist who hit me is from another EU country. Which guarantee fund pays?
The guarantee fund of the EU country where the accident occurred pays compensation, not the driver’s home country’s fund.
My insurer is refusing to pay my motor accident claim. What direct action rights do I have?
Under EU law, you generally cannot sue the insurer directly unless national law permits it — the EU does not grant automatic direct action rights against insurers in motor accident cases.
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Time Limits & Procedure
(3)I want to sue for product liability but the product was bought 12 years ago. Is there a time limit?
Yes, there is a time limit: under EU law, the limitation period for product liability claims is generally 3 years from when you became aware of the damage, the defect, and the identity of the producer — but no claim can be brought more than 10 years after the defective product was put into circulation.
I'm a minor who was injured. Do I have extended time limits for my claim?
Yes, minors in the EU generally have extended time limits for personal injury claims, but the exact rules depend on national law — most member states suspend or extend limitation periods until the minor reaches majority (usually age 18).
I suffered environmental damage from a neighbouring industrial facility. Which law applies?
The EU Environmental Liability Directive (2004/35/EC) applies to environmental damage caused by industrial facilities, requiring operators to prevent and remediate damage to protected species, natural habitats, water, and land.
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Compensation Rights
(5)I'm a crime victim in another EU country. What rights do I have?
As a crime victim in another EU country, you have legally guaranteed rights to information, support, protection, and participation in criminal proceedings under EU Directive 2012/29/EU.
A defective product caused me data loss as well as physical injury. Is data loss compensable?
Yes, data loss caused by a defective product can be compensable in the EU when linked to physical injury, but pure data loss without personal injury or damage to private property is generally not covered under the Product Liability Directive.
I was assaulted and the offender has no money. Can I get compensation from the state?
Yes, in most EU countries, victims of violent crime like assault can apply for state compensation even if the offender is unable to pay.
I have a right to compensation from an offender but the court is slow. What does EU law require?
EU law requires Member States to ensure victims receive compensation within a reasonable time, with a maximum of 3 months for decisions on applications under the Victims’ Rights Directive.
I'm a victim of trafficking. What special protections does EU law give me?
EU law grants trafficking victims special protections including residence permits, access to support services, legal assistance, and immunity from prosecution for crimes committed as a direct result of being trafficked.
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Who Is Liable?
(6)What makes a product 'defective' under EU product liability law?
A product is 'defective' under EU law if it does not provide the safety a person is entitled to expect, considering its presentation, intended use, and reasonable expectations of the public.
A defective product injured me. Is the manufacturer automatically liable under EU law?
No, the manufacturer is not automatically liable—but under the EU Product Liability Directive, they are strictly liable for damage caused by a defect in their product, without the need to prove negligence.
For product liability, can the manufacturer claim they didn't know about the defect?
No — under EU law, manufacturers cannot avoid liability by claiming ignorance of a defect; liability is strict and based on the product’s condition, not fault or knowledge.
A product made outside the EU injured me. Who is liable if there's no EU manufacturer?
If a product made outside the EU injures you and there’s no EU-based manufacturer, the EU importer or authorised representative is strictly liable under the Product Liability Directive.
A software bug caused my car to crash. Is the software producer liable?
Yes, the software producer may be liable under the EU Product Liability Directive if the software is considered a 'product' and the bug made the car unreasonably dangerous.
The product seller says the manufacturer is responsible, not them. Is the seller ever liable?
Yes, the seller is always liable to the consumer under EU law — they cannot avoid responsibility by blaming the manufacturer.