Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Straight Talks: Innovations in product liability for autonomous and connected vehicles
The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more
The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more
The Court of Justice of the European Union ("CJEU") has issued a ruling on the joint liability of suppliers and producers in the context of product liability, with notable implications for the use and impact of trademarks in...more
The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new...more
On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more
The updated Directive aims to modernize the existing liability regime, in particular in the light of past and future technological developments as well as the challenges faced by plaintiffs in proving a claim. According to...more
Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more
On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more
Now it’s in force: the EU Directive on a right to repair. It is now up to the Member States to transform the fully harmonized provisions into national law within 24 months. From 31 July 2026 at the latest, manufacturers and...more
1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more
In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more
A joint Committee of the European Parliament consisting of the Internal Market and Consumer Protection Committee (“IMCO”) and the Committee on Legal Affairs (“JURI”) approved their position on the European Commission's...more
The Council of the European Union ("Council") adopted its position on the European Commission's Proposal for a Directive on liability for defective products ("PLD Proposal") and suggested several changes to the initial draft...more
On 11 May 2023, the European Union’s landmark AI Act took a giant leap forward as the EU Parliament's Internal Market Committee and the Civil Liberties Committee (EU Parliament) approved their compromise text. The draft AI...more
The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050. At the same time it has a clear tendency to strengthen consumer rights. In...more
The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050 and to strengthen consumer rights simultaneously. In this context it has now...more
Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of...more
The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more
On Wednesday 28 September, the European Commission released details of its long-awaited proposal for the revision of the 1985 Product Liability Directive (PLD) that introduced a strict liability regime for defective products...more
Earlier this month, we reported on the liability aspects of the UK government’s Consultation on Product Safety, as currently contained in the UK Consumer Protection Act 1987 (CPA). Alison Newstead and Marisa Pearce now...more
Who would be responsible if KITT, the supercar of the famous TV series, were to cause an accident: the company that produced the car, the driver or maybe KITT itself?...more
Chi dovrebbe pagare i danni se KITT, la mitica Supercar della serie TV, provocasse un incidente? L’azienda che produce la macchina, il guidatore o magari la stessa KITT?...more
“We’ve never had as many problems as with Tesla” (Tofik Ohoudi) Faulty vehicles, incorrect odometer readings and poor service: for one of Tesla’s biggest Dutch customers, enough is enough. Bios-Groep, which uses around...more
"Noch nie so viele Probleme gesehen wie bei Tesla" (Tofik Ohoudi): niederländisches Taxiunternehmen fordert 1,3 Mio. Euro Schadensersatz. Defekte Autos, falsche Kilometerleistung und schlechter Service. Einer der größten...more
This is our pick of the key recent legal and regulatory issues affecting the insurance and reinsurance sector. Non Party PI Insurers Liable for Costs - In the January 2019 case of Various Claimants v Giambrone the...more