EU Committee Votes To Approve New Directive On Product Liability
Summary
Moreover, defectiveness of a product will not be determined by referring to its fitness for use but to the lack of safety that an average consumer is entitled to expect and/or that is required by EU or national law. The new directive eases the burden of proof for the injured person by establishing a presumption of defectiveness and causal link under certain conditions. Following the committee vote, JURI Committee co-rapporteur Pascal Arimont said in a European Parliament press release “Like its predecessor, the revised Product Liability Directive aims to strike a balance between remaining an effective instrument for victims of defective products, and the legal certainty economic operators deserve in a fast changing market characterized by digitalization, the circular economy, and global value chains.” In the same press release, IMCO Committee co-rapporteur Vlad-Marius Botoş said, “In the new Product Liability Directive, we have a balance between the interests of citizens and legal clarity for economic operators regarding software and the loss and corruption of data. The European Commission published its proposal for a new directive in September 2022 in an aim to bring the EU’s product liability regime up to speed with the digital age. Preparation for the proposal began in 2018 with the evaluation of the directive, followed by expert groups, impact assessments, public consultations, and stakeholder workshops.