European UnionA 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.
What the Law Says
The EU’s Product Liability Directive establishes strict liability for defective products placed on the EU market — regardless of where they were manufactured. When no EU-based manufacturer exists, liability shifts to the first EU-based economic operator in the supply chain.
Under Directive 85/374/EEC, producers — including importers into the EU — are strictly liable for damage caused by defects in their products. This means injured persons do not need to prove negligence or fault; they only need to show the product was defective, caused damage, and the damage falls within the scope of the Directive (e.g., personal injury or property damage over €500).
An ‘importer’ is defined as any person who imports a product into the EU from a third country for distribution or use in the course of their business. If the manufacturer is outside the EU and has no establishment in the EU, the importer becomes the ‘producer’ for liability purposes — effectively stepping into the manufacturer’s legal shoes.
The Directive also allows Member States to require non-EU manufacturers to appoint an authorised representative established in the EU. Where such a representative exists, they too may be held liable as if they were the producer.
Statutory Text‘Producer’ means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part… and, in the case of a product imported into the Community, the person who imported it into the Community.
— Council Directive 85/374/EEC, Art. 3(2) — Definition of producer
Statutory TextThe 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 TextMember States may provide that a person who holds himself out as producer… by affixing his name, trade mark or other distinguishing feature to the product shall be deemed to be the producer.
— Council Directive 85/374/EEC, Art. 3(3) — Deemed producer
What to Do
Identify the EU importer or authorised representative (check product packaging, invoices, or EU customs records)
Gather evidence: medical reports, photos of the product and defect, purchase proof, and witness statements
Send a formal claim letter to the liable EU party within 3 years of discovering the injury and defect
If unresolved, file a claim in the competent national court — usually where the defendant is domiciled or where the harm occurred
Note: You have up to 10 years from when the product was first put into circulation to bring a claim
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.