EUROPEAN UNION DIRECTIVES ON PRODUCT LIABILITY AND PRODUCT SAFETY: NOTABLE INNOVATIONS IN THE PRODUCT LIABILITY REGIME

Abstract

The Product Liability Directive (PLD) and the General Product Safety Directive (GPSD) are essential legislative instruments designed to safeguard consumer health and safety within the European Union. The PLD established a framework of strict liability for producers of defective products, thereby enhancing consumer protection and facilitating the seamless movement of goods across member states. This article provided a comprehensive analysis of the EU's directives regarding product liability and safety, by focusing on the redress mechanisms available to address sellers’ misconduct and ensuring consumer compensation. By employing a doctrinal research methodology, the findings of this study revealed that case law from the European Court of Justice (CJEU) tends to favour plaintiffs by reducing the evidentiary burden in product liability cases. The EU has implemented significant innovations to remain responsive to the evolving nature of product specifications, and the increasing interconnectivity of markets. These adaptations reflect shifting consumer behaviour and changes in social norms. The PLD, also ensured that consumers harmed by unfair trade practices were granted the right to individual remedies. Finally, it was recommended that there is a need for uniformity and harmonisation regarding the issue of defects in product designs, as all member countries have different approaches to the issue.