Product Liability (1)
Products' Liability
Background to Product Liability Directive, 1985
The Product Liability Directive (PLD) 85/374/EEC serves as a harmonising directive intended to establish a uniform approach to product liability across the EU.
Prior to the introduction of PLD through the Liability for Defective Products Act, 1991, the liability of producers for defective products was governed by contract law or tort law concerning negligence.
The PLD significantly altered the landscape by removing the requirement to demonstrate fault, meaning a producer can be held liable even if it cannot be shown that they were negligent.
Focus transitions from the producer's viewpoint of acceptable risk to the consumer's entitlement to safety expectations.
Determining the Standard of Care (SOC) in Negligence
Courts consider several factors when determining the SOC in negligence:
Probability of Injury: How predictable is the potential injury?
Degree of Harm: What is the seriousness of the potential harm or injury?
Avoidability of Accident: What preventative measures could or should have been undertaken?
Social Utility: What is the social value of the activity in question?
Questions arise after establishing the duty of care, recognized through:
Reasonable foreseeability
Proximity (closeness in relationship)
Policy considerations balancing rights and interests
Inquiry also centers on whether injury results from an affirmative action or a lack of improving conditions.
Key Recitals to Understand the Directive's Aims
Approximating Member States’ laws regarding producer liability is critical to avoid competition distortions and inconsistent consumer protection levels across the EU.
Liability without fault is deemed essential for addressing risks tied to modern technological production effectively.