The Burden of Proof within the Revised Directive on Product Liability

The European Union’s revised Product Liability Directive (Directive (EU) 2024/2853), adopted on December 9, 2024, represents a significant overhaul of the EU’s product liability framework, particularly concerning the burden of proof in cases involving defective products. This reform aims to modernize the legal landscape in response to technological advancements and the complexities introduced by digital products and artificial intelligence (AI).

Key Changes in the Burden of Proof

Under the previous directive, claimants bore the responsibility of proving that a product was defective and that this defect caused the damage suffered. The revised directive introduces several mechanisms to alleviate this burden, especially in complex cases

1. Rebuttable Presumptions of Defectiveness:

• If a defendant fails to disclose relevant evidence, courts may presume the product is defective.
• Non-compliance with mandatory safety requirements intended to prevent the type of damage suffered can lead to a presumption of defectiveness.
• An obvious malfunction during normal use may also trigger this presumption.

2. Presumption of Causality:

• When a product is established as defective, and the damage is of a kind typically consistent with that defect, causation is presumed

3. Alleviation in Technically Complex Cases:

• In situations where proving defectiveness or causality is excessively difficult due to technical or scientific complexity, courts may presume defectiveness or causality if the claimant demonstrates that the product likely contributed to the damage.

Implications for Stakeholders

For Consumers:

The directive enhances consumer protection by making it easier to seek compensation for damages caused by defective products, including digital products and AI systems.

For Businesses:

Manufacturers and other economic operators may face increased liability risks due to the shift in the burden of proof. They are now required to maintain comprehensive documentation and may need to disclose sensitive information during litigation.

Implementation Timeline

EU Member States are required to transpose the directive into national law by December 9, 2026. This period allows for adjustments in national legal systems to accommodate the new provisions.

If you need assistance with specific aspects of the directive or its application in a particular context, feel free to ask.