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The European directive on product liability defines as defective a product that “does not provide the safety which a person is entitled to expect.” In the last years, European national courts have given a number of diverse interpretations of such a broadly and ambiguous defined provision. For an analytical comparison among court decisions, I suggest to distinguish between (1) risk of damages that were foreseeable and avoidable at the time when the product was put into circulation, (2) risk of damages that were unforeseeable and unavoidable, and (3) risk of damages that were statistically foreseeable yet unavoidable.

global jurist

The Ambiguous Concept of Product Defectiveness and the Business Risk: Different Approaches of European and U.S. Courts Comparing the Producer's and User's Behaviour