The product of liability directive : a balance between different interests

Abstract

This thesis concentrates on the balancing of different interests that is, whether it is true that the Product Liability Directive achieves a good balance between the interests of the consumers and the interests of the producers. Therefore, the Directive is analysed in order to see whether this balance is truly achieved. The first chapter gives a brief look at consumer law and gives an introduction to the Product Liability Directive. It delves into what is product liability and also on the thalidomide drug tragedy. It also deals with strict liability in the Product Liability Directive. The second chapter deals with certain issues regarding the producer, the product, the defect and the damage in certain detail. It also involves other issues regarding the injured party. Finally, this chapter gives a comparison between the Product Liability Directive and the General Product Safety Directive. This comparison is important in order to see the different views that these directives take and also the extent to which the Product Liability Directive and the General Product Safety Directive safeguard certain interests such as the health and safety of the consumers. The third chapter concentrates on cases involving the Product Liability Directive since through these cases, it can be understood what the Directive is all about and whether it achieves a good balance. Moreover, this chapter also mentions the reports that were made regarding the Product Liability Directive and these are very important since from these, it can be seen whether the Product Liability Directive truly achieves a balance between the interests of the consumers and the interests of the producers. It is interesting to delve into these reports in order to see what conclusion was made. Moreover, when going through these reports, one would see what are the different viewpoints regarding this balance in the Directive and whether there is a need for any change.