European UnionA 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.
What the Law Says
The EU’s Product Liability Directive establishes a harmonised regime of strict liability for producers across member states. It shifts the burden away from proving fault and focuses instead on whether a product was defective and caused harm.
Under the Product Liability Directive (85/374/EEC), a producer is strictly liable for damage caused by a defect in their product. This means the injured person does not need to prove negligence or breach of contract—only that the product was defective, the defect caused the damage, and the damage falls within the scope of the Directive.
A 'defect' exists when 'the product does not provide the safety which a person is entitled to expect, taking all circumstances into account', including presentation, use, and time of supply. Damage includes death, personal injury, and damage to private property (up to €500 minimum threshold for property damage).
Liability applies to producers (including manufacturers, importers into the EU, and own-branders), and it lasts for 10 years from when the specific product was first put into circulation. Member states may set shorter limitation periods for bringing claims, but no less than 3 years from when the claimant knew—or ought to have known—of the damage, defect, and identity of the producer.
Statutory TextA producer shall be liable for damage caused by a defect in his product.
— Council Directive 85/374/EEC, Art. 1 — Liability of producers
Statutory TextA product is defective when it does not provide the safety which a person is entitled to expect.
— Council Directive 85/374/EEC, Art. 6(1) — Definition of defect
Statutory TextThe liability of the producer shall cease ten years after the date on which the specific item which caused the damage was put into circulation.
— Council Directive 85/374/EEC, Art. 11 — Time limits
What Courts Have Said
The Court of Justice of the European Union (CJEU) has clarified core concepts of the Directive—including what constitutes a 'defect', who qualifies as a 'producer', and how national courts must interpret strict liability consistently.
The CJEU confirmed that the concept of 'defect' under Article 6 must be assessed objectively, based on consumer expectations—not the producer’s compliance with regulatory standards alone.
The Court held that national laws must fully transpose the Directive’s strict liability regime and cannot impose additional fault-based requirements that undermine its effectiveness.
What to Do
Gather evidence: keep the defective product, medical records, photos, witness statements, and purchase details.
Identify the producer: check packaging, labels, or importer information—EU law holds them strictly liable.
Act within deadlines: file your claim within 3 years of knowing about the injury and defect (national rules apply), and note the 10-year cut-off from product placement.
Seek legal advice in your member state: national courts apply the Directive, but procedural rules (e.g., burden of proof for causation) vary.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.