Product liability and safety

Product liability and safety laws have been influential in branding Europe as a region producing reliable, quality products. The CJEU has also confirmed that the Product Liability Directive is a ­maximum harmonisation measure. Consumer information plays an important role in protecting consumers' safety. Enforcement has been given priority in the safety field. Technical harmonisation is one area in which maximum harmonisation seems justified as its objective is to promote the free circulation of goods by not allowing national divergences in standards to act as barriers to trade. The Product Liability Directive specifically covers electricity. This has led to debate as to whether other incorporeal products are excluded. The Product Liability Directive provides that liability for damage caused by death and personal injuries and damage or destruction of property is covered. Compliance with standards is not a defence under product liability.