Defectiveness in EEC Product Liability.

by Margaret Griffiths

Publisher: Stevens in London

Written in English
Published: Downloads: 358
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Edition Notes

Photocopy of: Journal of Business Law, (1987), pp.222-233.

Other titlesJournal of Business Law.
ID Numbers
Open LibraryOL14799543M

  I have been a product liability lawyer for 30 years, manage the product liability litigation section of a major international automobile company, and am an adjunct professor for product liability law. This is the finest and most authoritative Hornbook that I Reviews: 3. THE CONCEPTUAL BASIS OF PRODUCT LIABILITY AT the very core of a product liability regime is the definition ascribed to the term "defective," since proof of defectiveness is the touchstone of any claim. In keeping with its central importance, the problem of defining defectiveness has exercised the minds of legal scholars perhaps more than any. Despite the transposition of the Product Liability Directive 85//EEC and the General Product Safety Directive /95/EC into German national law, the context of EU law is scarcely reflected in domestic product liability and product safety law, although the European law has been implemented into German law. 10 As a general rule, the German.   The Seventh Edition continues the book’s tradition of sensitively exploring products liability law, theory, and practical litigation insights. This edition retains a great majority of prior cases and materials, organized with studied care, which long have marked this book as the leader in the s: 2.

The widespread adoption of products liability has fundamentally al-tered American tort law.' In delineating the boundaries of this system, courts have struggled with the question of what constitutes a "product" for purposes of products liability.2 One problematic sub-issue in this. Liability for defective products (85//EEC) The Directive guarantees the liability without fault of the producer for damage caused by a defective product. facilitates the free movement of products and protects the consumers. The European Commission has recently reviewed the Product Liability directive (85//EEC and /34/EC), as required every five years. The Commission launched the review by publishing a Green Paper on Liability for Defective Products in July A summary of the Green Paper can be.   The book starts out with introductory discussions on the nature and history of the law in the United States and abroad. It proceeds with detailed inquiries into the theories of liability, product defectiveness, causation and defenses. The book ends with a focus on selected issues, including punitive damages.

Although Switzerland is not a Member State of the European Union, its product liability and product safety legislation to a large extent implements EU legislation. The PLA is based on Directive 85//EEC on liability for defective products. Until the PLA came into effect in , product liability was mainly governed by the rules on contract.   This new edition of Owen's Products Liability Law refines and updates this classic study of products liability law in action. It examines in depth the nature and history of products liability in America and abroad; theories of liability, product defectiveness, and causation; proof of defect and cause, with a Daubert emphasis; key defenses, including federal preemption; and a thorough inquiry. Product Liability Directive (85//EEC), came into force on 1 May product liability is the term given to laws affecting those provides an objective test of defectiveness and refers neither to the particular injured person nor to the particular producer. A product will.

Defectiveness in EEC Product Liability. by Margaret Griffiths Download PDF EPUB FB2

Regards the defectiveness of a product, definition of damage, the producer's exemption from liability and the development of risk defence.

The Directive does not establish an exclusive basis for product liability claims. However, as the CJEU said in several decisions, the Directive cannot be interpreted as giving the Member States the possibility. Whereas products age in the course of time, higher safety standards are developed and the state of science and technology progresses; whereas, therefore, it would not be reasonable to make the producer liable for an unlimited period for the defectiveness of his product; whereas, therefore, liability should expire after a reasonable length of.

The Product Liability Directive 85//EEC is a directive of the Council of the European Communities (now the European Union) which created a regime of strict liability for defective products applicable in all member states of the European Union, the other EEA members (Iceland, Liechtenstein and Norway) and (at least until the end of the Brexit implementation period) the United into force: 30 July Thus, the expectations of the public regarding their safety are particularly high.

This article seeks to establish whether Directive 85//EEC which governs manufacturers’ liability for damage caused by defective products is fit for the introduction of fully autonomous and connected vehicles. Part 1 of the Consumer Protection Act implemented an EEC Directive which created the most important new statutory liability in the post-war era in the UK.

The author takes this development as her starting point in an investigation into the nature of product liability and beyond, into a consideration of important general topics in civil liability today.2/5(1). All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.

This chapter examines the statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act and the EEC Directive on Product Liability.

Product Liability for Medical Devices Directive 85//EEC1, the product liability directive, has created what was intended to be a har-monised strict liability regime across the EU.

The intention was that manufacturers, or importers Defectiveness is measured against an objective standard, ie the expectation of the public at large.

liability for defective products Council Directive 85//EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products as amended by Directive /34/EC of the European Parliament and of the Council of 10 May (OJ L, p.

20) and corrected by. an act to enable effect to be given to the provisions of directive no. 85//eec of 25 july of the council of the european communities on the approximation of the laws, regulations and administrative provisions of the member states of the european communities concerning liability for defective products.

concerning liability for defective products (85//EEC) (OJ L, p. 29) Amended by: Official Journal Having regard to the Treaty establishing the European Economic Community, and in particular Article thereof, the liability of the producer for damage caused by the defectiveness of his products is necessary because the.

The main features of the Directive 85//EEC include: Principle of liability without fault: The Directive establishes the principle of objective liability or liability without fault of the producer in cases of damage caused by a defective product.

If more than one person is liable for the same damage, it is joint liability. product liability should not require the presence of a warning under the defectiveness test. 31 As such, t here should be no warning requirement for risks with an insignificant size, risks that.

The book is well written and provides a practical, authoritative and comprehensive treatment of modern products liability law. I liked the book's organization and it is easy to find any topic I was looking for. The book also packs a lot of information in one volume. For example, it explores the historical origins of products liability, examines Reviews: 6.

The book considers how the substantive criminal offences affecting product safety, whether particular to products or under more general law, relate to civil liability or to compensation. Product Liability. Introduction. The English law relating to product liability is a complex amalgam of common law and statute law (with an EEC Directive also floating in the background).

The principal statutory provisions are of course contained within Part I of the Consumer Protection Act (CPA). The common law contribution. OCLC Number: Description: 4 volumes ; 26 cm: Contents: Volume 1. An introduction ot products liability law --Negligence --Tortious misrepresentation --Warranty --Strict liability in tort --Nature and proof of defectiveness --Manufacturing defects --Design defects --Warning defects --volume tions on defectiveness --Cause in fact --Proximate cause --User conduct defenses.

The implementation of Product Liability Directive 85//EEC (as it applies today amended by Directive 99/34/EC, herein below "the Directive") by Greece is today article 6 of Law / (herein below "Law " - see above under chapter I.C.2), which provides that "the producer is liable for any damage caused due to a defect of his product".

Consumer protection — Liability for damage caused by defective products — Directive 85//EEC — Articles 1, 6(1) and section (a) of the first paragraph of Article 9 — Pacemakers and implantable cardioverter defibrillators — Risk of product failure — Personal injury — Removal of the allegedly defective product and replacement with.

Product liability and protection of EU consumers: is it time for a serious reassessment. Giorgio Risso* The European Union (EU) has not enacted a coherent and fully-fledged product liability regime.

At the substantive level, the Product Liability Directive – adopted in – is the only piece of legislation harmonising the laws of the. Product liability law and its corollary, product safety law, are anchored as one in the European legal order. Despite the transposition of the Product Liability Directive 85//EEC and the General Product Safety Directive /95/EC into German national law, the context of EU law is scarcely reflected in domestic product liability and product.

Directive 85//EEC on liability for defective products and Art. CC Article 1: The producer shall be liable for damage caused by a defect in his product. Article 3: 1.'Producer' means the manufacturer of a finished product, the producer of any raw.

EU Product Liability Directives Section Contents 1 Directive 85 / / EEC – Liability for defective products 2 Directive /34/EC Amending Directive 85//EEC 3 Review of the application of the directives from (Published in ) 4 Review of the application of the directives from (Published in ) Note.

Council Directive 85//EEC of 25 July on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products Amendments: Amended by Council Directive /34/EC of 10 May (OJ L p).

AND DESIGN DEFECTIVENESS IN AMERICAN PRODUCTS LIABILITY LAW INTRODUCTION In Maythe American Law Institute (A.L.I.) adopted Tentative Draft No. 2 of the Restatement (Third) of Torts: Products Liability. Tenta-tive Draft No. 2 ("the Draft") represents the first of.

Two dominant models of special tortuous product liability regimes are the American model, restated in the Restatement (Third) on Torts and the European model, provided within the Directive 85//EEC. Both liability models generally cover medicinal products.

These two models significantly depart from one another with respect numerous elements. en Article 6(1) of Council Directive 85//EEC of 25 July on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products must be interpreted as meaning that, where it is found that products belonging to the same group or forming part of the same production series, such as pacemakers and implantable cardioverter.

Aquilian liability for product defects. Strict liability and the standard of defectiveness. Goods. Harm and damages. Causation. Defendants: the chain of liability.

Defences. Appendices: Sections 1–6 and 48–61 of the Consumer Protection Act 68 of - Council Directive on Liability for Defective Products.

Council Directive 85//EEC of 25 July on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1), as amended by European Parliament and Council Directive /34/EC of 10 May (2), seeks to achieve an approximation of the.

Introduction. The question how the regime of liability without fault which the Product Liability Directive 85//EEC (‘the Directive’) sought to deal with unforeseeable defects has evoked considerable political debate amongst Member States and controversy among commentators.

Strict liability for defective products: In the case of consumer goods, a producer can be held liable by the consumer for a defective product. Articles through DCC are the Dutch implementation of the EC Product Liability Directive (European Directive 85// EEC) (“the Directive”).

By Alex Stein My friend and mentor, the former Israeli Chief Justice Aharon Barak, used to say that when neither side likes the court’s decision, chances are that the court was right.

This is likely to be the case with the European Court of Justice (ECJ) decision on vaccine manufacturers’ liability, N.W. et al. v. Sanofi [ ].Protection of "experienced consumers" does not fall outside the scope of application of Directive 85//EEC on liability for defective products (implemented in Italy by D.P.R.

24 Mayn.now merged into the Consumer Code - Legislative Decree 6 Septembern.articles ).Growing pressure for strict liability for harm caused by defective products following disasters such as the Thalidomide tragedy led to the Council of European Communities Directive 85//EEC requiring harmonization of product liability laws in member states.

The United Kingdom government enacted the Consumer Protection Act