Module 5 Presentations

19/07/2024

Strict Liability: EU Product Liability Directive 85/374/EEC

• A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account including: the presentation of the product (including warnings, etc), the use to which it could reasonably be expected that the product would be put and the time when it was put into circulation. Article 6.

The Organisation for Professionals in Regulatory Affairs

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Strict Liability: EU Product Liability Directive 85/374/EEC

Causation – Claimant required to prove that any defect present in the product caused the injuries of which he complains. Article 4

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Limitation – Three years from Claimant’s date of knowledge

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Article 10(1)

Extinguishment of Claims – Ten years from date product put into circulation

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Article 11

The Organisation for Professionals in Regulatory Affairs

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