Rethinking Product Liability: A Missing Element in the European Commission's Third Review of the European Product Liability Directive

(2007) 60 Modern Law Review 962–978

Posted: 10 Nov 2014

See all articles by Duncan Fairgrieve

Duncan Fairgrieve

British Institute of International and Comparative Law ; Université Paris Dauphine

Geraint Howells

affiliation not provided to SSRN

Multiple version iconThere are 2 versions of this paper

Date Written: 2007

Abstract

The paper uses the opportunity afforded by the European Commission's Third Report of the Product Liability Directive to assess the present state of product liability in Europe. It notes that despite the maximal harmonisation character of the Directive there is a risk of divergence between Member States on key issues including the core concept of defectiveness. The Commission seems at times confused (for example, as regards the relationship between defect and fault liability) and more often complacent about the risks of divergence; but this sits uneasily with the espousal of maximal harmonisation. Ultimately there may be a need for a rethinking of product liability to ensure greater clarity as regards the underlying rationale supporting strict liability. This seems unlikely to materialise in the near future and so at the very least the Commission should act to clarify some core concepts that are proving difficult to interpret for the courts.

Keywords: European law, Product liability, Maximum harmonization, Tort law

Suggested Citation

Fairgrieve, Duncan and Howells, Geraint, Rethinking Product Liability: A Missing Element in the European Commission's Third Review of the European Product Liability Directive (2007). (2007) 60 Modern Law Review 962–978. Available at SSRN: https://ssrn.com/abstract=2521093

Duncan Fairgrieve

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

Université Paris Dauphine ( email )

Place du Maréchal de Tassigny
Paris, Cedex 16 75775
France

Geraint Howells (Contact Author)

affiliation not provided to SSRN

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