Orgalime comments on the evaluation of the Product Liability Directive

The Product Liability Directive (Directive 85/374/EEC) is a longstanding piece of legislation covering any product marketed in the EU. According to the Directive, the producer is liable unless he can prove that he did not put the product into circulation, or that the defect was due to compliance with mandatory regulations, or, more importantly, in cases where the state of scientific or technical knowledge at the time meant the defect could not have been foreseen. The injured party, conversely, needs to prove damage, the defect and the link between them within three years.

Thanks to its technologically-neutral provisions, the Directive has created legal certainty while allowing for technological development over the years. Orgalime’s position is therefore that there is no need to revise it at this point in time. The Product Liability Directive remains fit for purpose and will continue to meet its objective of striking the right balance, in terms of liability, for damage caused by a defective product in a fair way.

Download our position paper to read our comments in full.