What makes a product 'defective' under EU product liability law?

What the Law Says

The definition of 'defective' is set out in the EU Product Liability Directive, which all Member States have transposed into national law. It establishes a uniform standard for when a product fails to meet consumers’ legitimate safety expectations.

Under the Directive, a product is defective when 'it does not provide the safety which a person is entitled to expect, taking all circumstances into account'. This includes how the product was presented (e.g., labelling, instructions), its reasonably foreseeable use, and the time it was put into circulation.

The assessment is objective: it is not based on what the individual consumer expected, but on what the average consumer — particularly vulnerable users like children or elderly people — is entitled to expect in terms of safety.

The Directive applies to all movable items, including electricity, and covers producers, importers, and suppliers in certain cases. It imposes strict liability — meaning claimants do not need to prove negligence or fault.

Statutory Text

A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account...

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

What Courts Have Said

The Court of Justice of the European Union (CJEU) has clarified how 'safety expectations' must be assessed in practice, emphasising objectivity, context, and consumer vulnerability.

What to Do

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