Fresh Liability Rules for New Products?
Summary
The updated directive aims to adapt the European Unions product liability regime to the digital age and global value chains. The final draft significantly expands the group of potential defendants, which previously already included manufacturers, so-called quasi-manufacturers and EEA importers. The aim is that someone should be responsible even if the defective product was purchased directly from a non-EU country and there is no (quasi) manufacturer or importer based in the EU. The new rule is unusual, as the EU legislator has so far largely stayed out of the procedural law of the Member States in the area of product liability. For product liability litigation practice, it remains to be seen how the rather vague alleviation of the plaintiffs burden of proof "in complex cases" and the defendants obligation to disclose "relevant evidence" will be implemented by the Member States.