Product Liability Victims Rights

Since the Product Liability Directive was implemented, a trend toward American-style liability has resulted and civil lawsuits are on the rise in Europe. 

The definition of supplier has been broadened and now includes retail traders who may be subject to the secondary liability of the supplier. Where several persons are liable for the same damage, the injured person should be able to claim full compensation for the damage from any one of them. A major increase in the liability of the so-called quasi producers is now possible. These companies, which do not traditionally produce products but only select or distribute products manufactured by others, may be drawn into liability suits and/or corrective measure actions. These quasi producers include, but are not limited to, importers, suppliers, distributors, mail order houses, supermarkets, and department stores. The costs of litigation per defective product will be multiplied because of increasing complexity and multidefendant litigation will also rise. 

The consumer may take action against all parties involved in the supply chain simultaneously (joint and several). The manufacturer s best defense is likely to be that they took all available steps to ensure conformity (due diligence). 

Directive 85/374/EEC concerning Liability for Defective Products (Product Liability Directive) was enacted in 1987 to protect consumers from defective 

A product is considered defective when it does not provide the safety that a person is entitled to expect. 

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The Product Liability Directive (85/374/EEC) on victims rights states that a product must meet a high level of safety that the consumer may reasonably expect. It is generally understood that harmonized standards are the minimum safety criteria. However, a product s compliance with the harmonized standards does not always guarantee a safe product. The manufacturer may have to exceed these requirements to make a truly safe product—one that also meets the customer s expectations. Doing anything less may put the consumer at risk and increase the manufacturer s likelihood of damages. 

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