The proposed new Product Liability Directive

For the average consumer (or the ‘public at large’, to borrow a phrase) the mere use of modern technology, particularly at the cutting edge, can be bewildering. Imagine, then, trying to pursue a claim that such technology was defective. The complexities of demonstrating that a particular vehicle’s AI algorithm is defective when one autonomous vehicle collides with another autonomous vehicle; or that a safety-critical phone update was defective and caused a loss of data; are easy to grasp but hard to master.

Simplifying these complexities is at the heart of the European Commission’s proposed new Product Liability Directive, intended to overhaul a 37 year old regime, with a perspective firmly rooted in the shoes of the average consumer. Product liability law – welcome to the 21st century.