Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson
This chapter deals with product liability, i.e. the civil redress for harm caused by defective products. This has been one of the most contentious areas of private law since the 1960s. The USA was the first state to adopt a strict product liability regime and saw an expansion of claims brought by consumers. The legal climate in the USA is now less favourable to consumer claims that challenge the design of products, and true strict liability seems restricted to manufacturing defects. Europe adopted strict liability later and still seems more open to compensating for a wider range of design defects. However, the underlying policy tensions and uncertainty over the precise concepts underpinning strict liability mean the scope of EU law in this area is not fully settled. The chapter concludes by hoping that as both regimes grapple with similar dilemmas there can be greater convergence over time.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.