Private Law Theory

ABSTRACT
This article analyses the recently adopted Product Liability Directive, exploring the background and reasons for the new instrument and the changes ushered in by the new rules. These modifications impact on key aspects of the liability regime including the expanded concept of a product, the notion of defect, recoverable harm, burden of proof and related evidential matters. It regrets that some other fundamental issues relating to the intended strictness and rationales for strict liability were not addressed.

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Geraint Howells and Duncan Fairgrieve, The New Product Liability Directive: Steadily Expanding Liability or Business as Usual?, European Review of Private Law volume 33, issue 3, 2025.