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!
|
| _version_ | 1849232952208130048 |
|---|---|
| author | Guillem Izquierdo Grau Herwig C.H. Hofmann Felix Pflücke |
| author_facet | Guillem Izquierdo Grau Herwig C.H. Hofmann Felix Pflücke |
| author_sort | Guillem Izquierdo Grau |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-1cd6222f07f04b9cac8bfcb3da10cc38 |
| institution | Kabale University |
| issn | 1867-299X 2190-8249 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Journal of Risk Regulation |
| spelling | doaj-art-1cd6222f07f04b9cac8bfcb3da10cc382025-08-20T13:03:13ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-82492025-03-011619721610.1017/err.2024.43The Development Risks Defence in the Digital AgeGuillem Izquierdo Grau0https://orcid.org/0000-0002-8755-4596Herwig C.H. HofmannFelix PflückeDepartment of Private Law, Autonomous University of Barcelona, Cerdanyola del Vallès, Catalonia, Spain Institute of Law and Technology (IDT), Cerdanyola del Vallès, Catalonia, SpainOne 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.https://www.cambridge.org/core/product/identifier/S1867299X24000436/type/journal_articleartificial intelligencecyber resiliencecybersecuritydevelopment risksproducer liabilityproducts with digital elementsvulnerabilities |
| spellingShingle | Guillem Izquierdo Grau Herwig C.H. Hofmann Felix Pflücke The Development Risks Defence in the Digital Age European Journal of Risk Regulation artificial intelligence cyber resilience cybersecurity development risks producer liability products with digital elements vulnerabilities |
| title | The Development Risks Defence in the Digital Age |
| title_full | The Development Risks Defence in the Digital Age |
| title_fullStr | The Development Risks Defence in the Digital Age |
| title_full_unstemmed | The Development Risks Defence in the Digital Age |
| title_short | The Development Risks Defence in the Digital Age |
| title_sort | development risks defence in the digital age |
| topic | artificial intelligence cyber resilience cybersecurity development risks producer liability products with digital elements vulnerabilities |
| url | https://www.cambridge.org/core/product/identifier/S1867299X24000436/type/journal_article |
| work_keys_str_mv | AT guillemizquierdograu thedevelopmentrisksdefenceinthedigitalage AT herwigchhofmann thedevelopmentrisksdefenceinthedigitalage AT felixpflucke thedevelopmentrisksdefenceinthedigitalage AT guillemizquierdograu developmentrisksdefenceinthedigitalage AT herwigchhofmann developmentrisksdefenceinthedigitalage AT felixpflucke developmentrisksdefenceinthedigitalage |