A product liability claim - does the burden of proof fall on me or the manufacturer?

What the Law Says

The EU’s Product Liability Directive (85/374/EEC) establishes strict liability for producers of defective products that cause damage. While the injured person must prove damage, defect, and causal link, the producer bears the burden of proving certain statutory defences.

Under EU law, product liability is strict — meaning the injured person does not need to prove negligence or fault by the manufacturer. However, they must still prove three elements: (1) actual damage (to person or property), (2) the product was defective, and (3) a causal connection between the defect and the damage.

Once those are established, the burden shifts to the producer to prove one or more of the statutory defences listed in Article 7 of the Directive — for example, that the defect did not exist when the product was put into circulation, or that the state of scientific and technical knowledge at the time made the defect undiscoverable.

Member States must implement the Directive into national law, and all EU countries apply this burden-of-proof framework, though procedural rules (e.g., evidentiary standards) may vary slightly.

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 producer

Statutory Text

The injured person shall bear the burden of proving the damage, the defect and the causal relationship between defect and damage.

— Council Directive 85/374/EEC, Art. 4 — Burden of proof

Statutory Text

The producer shall not be liable if he proves… that the defect did not exist at the time when the product was put into circulation…

— Council Directive 85/374/EEC, Art. 7(a) — Exclusions from liability

Sources