1.4 製造物責任に関する法令

The Directive on product liability 85/374/EEC (23) establishes a system of strict liability, i.e. liability without fault, for producers when a defective product causes physical or material damage to an injured person. The producer is liable for damage caused by a defect in his/her product provided that the injured person proves the damage, the defect and the causal relationship between defect and damage. The Directive aims at a full and proper compensation for persons injured by a defective product for the kind of damage referred to in the Directive. The Directive is an important element of the EU product safety legislation framework. It underpins product safety legislation by giving producers incentives to comply with it, as well as legal certainty.

The Directive on product liability does not require Member States to repeal any other legislation on liability. In this respect, the Directive’s regime adds to the existing national rules on liability. It is up to the victim to choose the grounds on which to file the action.