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Design Defects and Product Liability
A design defect allegation concerns the safety of the specification or product concept. Following the design does not resolve whether the resulting product provides expected safety.
Read guide77 / Defectiveness and expected safetyHow to Document an Alleged Product Defect
Preserve product identity, incident-time condition and a sourced chronology. Separate observations from the alleged safety mechanism and keep defect, damage and causation evidence distinct.
Read guide78 / Defectiveness and expected safetyHow Product Defectiveness Is Assessed
An assessment identifies the relevant safety expectation and examines the actual product, use, timing, legal requirements and evidence rather than relying on a single failure label.
Read guide79 / Defectiveness and expected safetyManufacturing Defects and Product Liability
A manufacturing defect concerns the safety of the product actually made. Production records and examination help distinguish a departure from specification from damage caused later.
Read guide80 / Defectiveness and expected safetyProduct Interoperability and Safety
A product can be unsafe because of foreseeable interaction with another product. Identify the actual combination, versions, compatibility representations and safety mechanism.
Read guide81 / Defectiveness and expected safetyProduct Misuse and Defectiveness
Misuse must be described precisely. A departure from instructions does not by itself settle foreseeability, product safety or the role of the injured person in the damage.
Read guide82 / Defectiveness and expected safetyProduct Presentation and Defectiveness
Packaging, labels, claims and instructions can shape expected safety. Their combined message must be considered alongside the actual product characteristics and foreseeable use.
Read guide83 / Defectiveness and expected safetyReasonably Foreseeable Use and Product Liability
Foreseeable use extends beyond a narrow intended-purpose statement. The assessment examines realistic behaviour, product characteristics and the actual circumstances of use.
Read guide84 / Defectiveness and expected safetyRegulatory Non-Compliance and Defectiveness
Article 10 provides a rebuttable defectiveness presumption for demonstrated breach of mandatory safety requirements protecting against the risk of the damage suffered. Not every regulatory breach qualifies.
Read guide85 / Defectiveness and expected safetyDoes a Safer Newer Product Prove the Older Product Was Defective?
A better product, update or upgrade does not by itself prove defectiveness under Article 7(3). Independent evidence about the earlier product and its safety can still matter.
Read guide86 / Defectiveness and expected safetySafety Requirements and Product Defectiveness
Relevant safety requirements inform the Article 7 assessment. Identify the binding rule, product scope, hazard and incident-time configuration before relying on compliance evidence.
Read guide87 / Defectiveness and expected safetyVulnerable Users and Expected Product Safety
Article 7 requires consideration of the specific needs of the intended user group. Safety expectations must be assessed against the actual product, task and users rather than an abstract ideal operator.
Read guide88 / Defectiveness and expected safetyWarning and Instruction Defects
Safety information can affect defectiveness when its content, presentation or availability leaves users without protection they are entitled to expect. A warning does not automatically resolve a design risk.
Read guide89 / AI systems and product liabilityAI Bias and Product Liability
AI bias can be relevant to product safety, but bias or discrimination alone does not automatically establish damage covered by Directive (EU) 2024/2853.
Read guide90 / AI systems and product liabilityAI Embedded in Physical Products
AI embedded in a physical product can be relevant to product liability when its behaviour affects the product's expected safety and causes covered damage.
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