What is new in the new Directive (EU) 2024/2853 on product liability?

Abstract

Almost 40 years after the adoption of the Directive on defective products, the European legislator has made significant, and not just cosmetic, changes to the matter, which lead to the adoption of a completely new directive in 2024. In the article a parallel is drawn with the 1985 Directive, which, although laid the foundation for the protection of defective products on the grounds of strict liability, had several shortcomings, most of which have been overcome by the new European Union act. The article outlines the main changes in the regime of liability for defective products, regarding the understanding of a product and who is the liable person, how the defect is proven, what are the grounds for exemption from liability and what is the period within which liability is incurred. The new rules consider the fact that in recent decades the nature of products has changed dramatically, with digital and artificial intelligence-based goods becoming commonplace, and the distribution chain becoming even more complicated. The increasing use of software, even in simple goods, also creates a serious challenge for the injured party to prove the presence of a defect and a causal link between it and the damage, which is why rules for the disclosure of information by the defendant have been established, as well as rebuttable presumptions.