Citation

Reich N. J. Consum. Policy 1986; 9(2): 133-154.

Copyright

(Copyright © 1986, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/BF00380508

PMID

unavailable

Abstract

After more than ten years of fierce European product liability debate, the Council has finally promulgated the Directive 85/374 in an attempt to harmonize Member State law about the responsibility for defective products. The directive starts out from the principle of strict liability, but allows certain exceptions mostly concerning the so-called state of the art which, however, according to the author should be narrowly interpreted. Compensation due to the consumer because of damage suffered from a defective product includes both personal injury and property damage, but does not expressly allow for pain and suffering. The directive gives Member States power to have (global) ceilings for personal injury compensation, and contains rigid limitations for property damages. Implementation of the directive must be undertaken by the Member States by August 1, 1988, but leaves it to their discretion to have different rules concerning liability for agricultural products and for development risks, thus putting law approximation in danger. In his conclusion, the author is of the opinion that the directive is less a means to protect the consumer in the event of damage than a means of regulating safety aspects of products freely circulating in the Common Market. It is the task of the judges -- of the Member States and the European Court of Justice -- to determine the safety standards of products and to harmonize these within the EEC.