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Recalls as Evidence in Product Liability Cases
A recall is a relevant circumstance of defectiveness, but its product scope, reasons and timing must be matched to the incident. Recall action does not itself establish compensation.
Read guide32 / Professional planningInsurance and product risk
Product-liability responsibility and insurance coverage are separate enquiries. The Directive does not establish that every product claim is insured or require the same policy for every business.
Read guide33 / Practical recordsEvidence and litigation readiness
Readiness means being able to locate and explain relevant records when an incident or dispute arises. It is an organisational capability, not a certification of legal compliance or a prediction of liability.
Read guide34 / Research toolsProduct-liability tools and software
Useful tools can organise product identity, responsibilities, changes and evidence. They should make the questions clearer without claiming to decide legal liability automatically.
Read guide35 / Updates, cybersecurity and controlManufacturer Control After a Product Is Sold
Manufacturer control can persist through authorised components, modifications and an ability to supply updates. The legal definition requires more than ownership or a generic support label.
Read guide36 / Software product liabilitySoftware Version History as Liability Evidence
Version history connects releases, configuration, dependencies and activation to the incident-time state. Its evidential value depends on provenance and the link to the actual product, rather than the length of a change log.
Read guide37 / Software scopeFree and open-source software
Article 2(2) excludes free and open-source software developed or supplied outside the course of a commercial activity. Free access, an open licence and non-commercial activity are related but distinct facts.
Read guide38 / Product liability fundamentalsProduct Liability vs Negligence
A no-fault product liability route focuses on a defective product, damage and causation. Negligence generally examines whether conduct fell below a required standard of care, under the applicable law.
Read guide39 / Product liability fundamentalsProduct Liability vs Product Safety
Product safety concerns preventing unsafe products and managing risks. Product liability concerns compensation for damage caused by a defective product. The same incident can involve both.
Read guide40 / Product liability fundamentalsProduct Liability vs Warranty Claims
Warranty claims concern promises about a product. Product liability concerns damage caused by an unsafe defect. A broken product can raise warranty questions without creating a claim under the EU Product Liability Directive.
Read guide41 / Product liability fundamentalsProduct Liability vs Consumer Guarantees
Consumer guarantees concern whether a supply meets statutory conformity requirements. Product liability concerns specified harm caused by a defective product. They can apply to the same product without providing the same remedy.
Read guide42 / Product liability fundamentalsStrict Liability vs Fault-Based Liability
Strict or no-fault product liability removes fault from the claimant's core proof requirements. It still requires an applicable legal framework, a defective product, covered damage and the necessary causal connection.
Read guide43 / Product liability fundamentalsWhat Must Be Proven in a Product Liability Claim?
Article 10(1) of the new EU Product Liability Directive starts with proof of damage, product defectiveness and the causal link. Disclosure and rebuttable presumptions provide specific forms of evidential assistance.
Read guide44 / Product liability fundamentalsProduct Liability Across the Product Lifecycle
Product liability research follows a product from design and supply through installation, updates, use, incidents and later changes. Different dates and forms of control answer different legal questions.
Read guide45 / Product liability fundamentalsWho Can Bring a Product Liability Claim?
The new EU Product Liability Directive protects natural persons who suffer damage caused by a defective product. Protection is not limited to the purchaser, but scope, harm and national procedure still matter.
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