European UnionA manufacturer didn't recall a known defective part. Can I sue them under EU rules?
Yes, you may sue a manufacturer in the EU for failing to recall a known defective product under the Product Liability Directive and General Product Safety Regulation.
What the Law Says
EU law imposes strict liability on manufacturers for damage caused by defective products, including when they fail to act on known safety risks such as issuing a timely recall.
The core rule is the Council Directive 85/374/EEC on liability for defective products (the 'Product Liability Directive' or PLD). It establishes strict liability — meaning you do not need to prove negligence, only that the product was defective, caused damage, and the defect existed when the product was put into circulation.
Under Article 6(1) of the PLD, a product is defective 'when it does not provide the safety which a person is entitled to expect', considering all circumstances — including its presentation, intended use, and 'the time when the product was put into circulation'. A known defect coupled with failure to recall strongly supports a finding of defectiveness.
The new Regulation (EU) 2023/988 on general product safety (GPSR), applicable from 13 December 2024, strengthens recall obligations. Article 21(1) requires economic operators to 'immediately inform' market surveillance authorities if a product poses a risk, and Article 22(1) mandates that 'corrective measures', including recalls, be taken 'without delay' when risks are identified.
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 TextEconomic operators shall immediately inform the market surveillance authorities... where they know or have reason to know that a product they have placed on the market presents a risk.
— Regulation (EU) 2023/988, Art. 21(1) — Obligation to notify
Statutory TextWhere a product presents a risk, economic operators shall without delay take corrective measures...
— Regulation (EU) 2023/988, Art. 22(1) — Corrective measures
What to Do
Gather evidence of the defect (e.g., internal reports, safety alerts, expert analysis, or prior incidents)
Document your injury or damage (medical records, repair invoices, photos, witness statements)
Report the issue to your national market surveillance authority (e.g., UK’s OPSS, Germany’s BAuA, France’s DGCCRF)
Consult a lawyer specialising in product liability in your Member State — claims are brought in national courts under domestic procedural rules
File your claim within the applicable limitation period (usually 3 years from awareness of damage and defect, but no later than 10 years from product placement — per PLD Art. 10)
Sources
Same Question, Other Jurisdictions
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US FederalNot 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.