European Union

Personal Injury

Slip and fall, medical malpractice, product liability, dog bites, defamation

25 questions

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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.