Legal
Legal liability of manufacturers or sellers for damages caused by a defective product to a consumer.
The EU’s recast product liability regime is Directive (EU) 2024/2853, and Article 1 states its reach: it “lays down common rules on the liability of economic operators for damage suffered by natural persons and caused by defective products, and on compensation for such damage”, with the objective of contributing “to the proper functioning of the internal market while ensuring a high level of protection of consumers and other natural persons”. Note who is protected — natural persons, not businesses. The scope provision carries the dates and carve-outs a supplier needs. It “shall apply to products placed on the market or put into service after 9 December 2026”, so the old regime governs anything placed before then. It “does not apply to free and open-source software that is developed or supplied outside the course of a commercial activity”, and it does not apply to nuclear damage covered by ratified international conventions.
What this source settles. Where a statute or a directive is quoted, that instrument governs within its own jurisdiction and its later amendments prevail over any summary. Where a body describes itself, the page is authoritative for what the body is and does, and not for how well it does it. Where a case study is cited, it records one dispute at one time and is evidence of the problem rather than of the current legal position.
From the AJG lexicon archive (July 2026).
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