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Why a Product Failure Does Not Automatically Mean Liability
A failure is an observation, while liability is a legal conclusion. Investigators must distinguish product performance, an unsafe defect, covered damage and the mechanism connecting them.
Read guide47 / Product liability fundamentalsHow Jurisdiction Affects Product Liability
The court that can hear a dispute, the law governing it and the applicable product liability regime are separate questions. Cross-border supply does not make the manufacturer's home law the automatic answer.
Read guide48 / Product liability fundamentalsProduct Liability Investigation Checklist
Organise a product liability investigation around product identity, applicable law, the alleged defect, covered harm, causation and the operators involved. Preserve evidence before testing or repair changes the product state.
Read guide49 / EU Product Liability DirectiveNew Product Liability Directive vs Directive 85/374/EEC
Directive 2024/2853 retains no-fault product liability while updating digital-product scope, damage, responsibility and evidence. Product dates determine the transition, so the newer text cannot simply replace the older framework in every investigation.
Read guide50 / EU Product Liability DirectiveWhat Changed Under the New EU Product Liability Directive?
The new Directive expressly addresses software and digital manufacturing files, updated harm categories, modern supply chains, continuing manufacturer control and court-controlled evidence mechanisms. Each change has legal conditions.
Read guide51 / EU Product Liability DirectiveEU Product Liability Directive Timeline: Why 9 December 2026 Matters
Adoption, entry into force, transposition and product-date scope are distinct milestones. National transposition is due by 9 December 2026; corrected Article 2(1) covers products placed on the market or put into service after 8 December 2026.
Read guide52 / EU Product Liability DirectiveEU Product Liability Directive Readiness Checklist
Readiness starts with a verified product and operator map, corrected dates, continuing-control records and retrievable evidence. This is a practical research workflow, not a statutory certification or a guarantee against liability.
Read guide53 / EU Product Liability DirectiveWhat Did the May 2026 Product Liability Corrigendum Change?
The 7 May 2026 corrigendum corrected Article 2(1) of Directive 2024/2853. Its product-date scope is after 8 December 2026. The national transposition deadline remains 9 December 2026.
Read guide54 / What counts as a product?Are Components Products for Liability Purposes?
A component can be a product in its own right and part of another product. The EU Directive expressly recognises tangible and intangible components, but classification does not establish that a particular component was defective or that its supplier must compensate the injured person.
Read guide55 / What counts as a product?Is Electricity a Product Under EU Product Liability Law?
Electricity is expressly included in the product definition in Directive (EU) 2024/2853. That inclusion does not make every outage, electrical accident or damaged appliance a product liability case. The alleged unsafe characteristic, causal mechanism and relevant operator still need identification.
Read guide56 / What counts as a product?Is Firmware a Product Under EU Product Liability Rules?
Firmware is a form of software, so the Directive’s express inclusion of software can apply to it. Its position inside a device does not remove product classification. The important task is identifying the firmware release and its relationship to the hardware and other software.
Read guide57 / What counts as a product?How to Identify the Relevant Product in a Liability Investigation
Identify the relevant product by mapping the supplied items, their versions, their integration and the alleged causal mechanism. A connected incident may involve hardware, software and a related service. Keep product identity separate from findings about defectiveness, responsibility and recoverable damage.
Read guide58 / What counts as a product?Can an Intangible Component Be a Product?
The EU Product Liability Directive expressly recognises intangible components. Software can be both a product and a component of another product, while related digital services require a separate statutory analysis. Intangibility alone neither excludes an item nor proves that every digital input is a product.
Read guide59 / What counts as a product?Are Mobile Applications Products for EU Product Liability?
Mobile applications are software and can be products under Directive (EU) 2024/2853. Their download format, small size or availability through an app store does not remove them from that classification. The installed app must still be distinguished from its operating system, connected hardware and remote services.
Read guide60 / What counts as a product?Are Operating Systems Products Under EU Product Liability Law?
An operating system is software and can therefore fall within the product definition in Directive (EU) 2024/2853. It may be supplied independently or integrated into a device as a component. Product status does not depend on the operating system having a separate physical carrier.
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