Module 16 2024

22/10/2024

Proof and Causation

Must show injury and a causal link between defect and injury

Injured person has burden of proof

New product liability directive may provide that claimant will not need to prove a causal link between the product and the damage in cases of scientific or technical complexity

The Organisation for Professionals in Regulatory Affairs

11

11

Liability

Producer’s liability unaffected if damage caused by both a defect and by a third party act or omission

Possible reductions if injured party at fault

The Organisation for Professionals in Regulatory Affairs

12

12

6

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