The Development Risks Defence in the Digital Age
One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2025-03-01
|
| Series: | European Journal of Risk Regulation |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S1867299X24000436/type/journal_article |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow the existence of the defect to be discovered. The Proposal for a Directive drafted by the European Commission and published on 28 September 2022 continues to provide, in Article 10.1.e), the defence for development risks. The Proposal for a Directive refers to this particular issue in Recital 39, which introduces some requirements for the assessment of such defence. |
|---|---|
| ISSN: | 1867-299X 2190-8249 |