EU Commission product liability directive review 2006

The European Commission undertakes a regular review of the product liability framework as required by the Product Liability Directive.

The Commission adopted its third report this year (2006) on the application of the Product Liability Directive 85/374/EEC. The Directive requires Member States to ensure that producers of products are strictly liable to consumers for harm suffered if a product is found to be defective.

The most recent report considered the need to modify aspects of the Directive to allow Member States to impose liability on suppliers of defective services (as requested by a 2002 Council Resolution). It also examined the need to which the Directive had succeeded in equalising product liability law across the EU.

The Product Liability Directive calls upon Member States to impose strict liability on producers of defective products causing personal injury or property damage. The Directive does not, however, provide for a cause of action. Cause of action is left to Member States.

The most recent review concluded that the EU product liability regime was working well and that there was no need for immediate reform. However, it also recognised that there were still significant differences in product liability laws in different Member States and that this could be remedied.

The product liability forum allows the practical application of policy and developments in product liability law to be considered by lawyers, industry professionals, academics, senior business managers and consumer representatives.

The Product Liability Forum is a Centre for Excellence which brings together product liability specialists to analyse and improve the conduct of policy and practice in the areas of product liability, product safety and tort law (wrongs). For more information about the product liability forum, including a demonstration of the product liability database, see www.biicl.org/plf/.

Product liability compensation claims
If you have experienced any form of illness or personal injury as the result of a defective product, the manufacturer of that product may be liable. All manufacturers and service providers are responsible for ensuring that their products and services are safe to use.

Under EU public liability law, if you are suffering an illness resulting from the use of a product of service, you may be able to make a product liability compensation claim.

To win a public liability case, it must be proved that your personal injury was caused by a product having an "unreasonably dangerous" defect and that the defect occurred in the product's design. It needs to be shown that the product that caused the damage has not changed "substantially" and the defect was the cause of the personal injury.

YouClaim can give you free legal advice and if we feel we can take your claim on, it will be processed under our no win no fee policy which means that you will not have to pay us anything at all.

If your claim is successful, you will receive 100 % compensation - all damages will be yours to keep. To find out more, call us now on 0800 10 757 95 or request a call back via our online form.