For product liability, can the manufacturer claim they didn't know about the defect?

What the Law Says

The EU Product Liability Directive establishes strict liability for producers, meaning they are held responsible for damage caused by defective products regardless of fault, negligence, or knowledge of the defect.

Under Directive 85/374/EEC, a producer is liable for damage caused by a defect in their product — even if they did not know about the defect and exercised all possible care. This is known as 'strict liability'.

The Directive explicitly excludes ignorance or lack of fault as a defence. The focus is solely on whether the product was defective — i.e., whether it did not provide the safety a person is entitled to expect — and whether that defect caused damage.

Member States had to implement this Directive into national law by 1988. All EU countries now apply strict liability principles in line with the Directive, though procedural rules (e.g., time limits, burden of proof) may vary nationally.

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 — Definition of defect

Statutory Text

The liability of the producer shall not be excluded or limited on the ground that the defect became apparent after the product was put into circulation.

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

Sources