PRODUCT SAFETY

Directive 2001/95/EC ‘aims to ensure a high level of consumer safety when the public buy goods on sale in Europe. It requires firms to ensure that items on sale are safe and to take corrective action when that is found not to be the case. (…)Products placed on the EU market must be safe. They must bear information enabling them to be traced, such as the manufacturer’s identity and a product reference. Where necessary for safe use, products must be accompanied by warnings and information about any inherent risks. A product is considered safe if it meets specific national requirements or EU standards’ [Source: http://eur-lex.europa.eu].

Directive 85/374/EEC ‘establishes the principle of liability without fault applicable to European producers. Where a defective product causes damage to a consumer, the producer may be liable even without negligence or fault on their part. The Directive applies to damage: caused by death or by personal injuries; caused to private property (…). The injured person carries the burden of proof (…). However, he does not have to prove the negligence or fault of the producer or importer’ [Source: http://eur-lex.europa.eu].