Product liability Victims rights

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In 1985, the Product Liability Directive was issued changing the old focus of negligence to that of strict liability on the manufacturer's or supplier's part, thereby shifting the onus to better protect the consumer and placing a greater burden on the product supplier. Strict liability means that, in the case of a claim, the producer of a defective product can no longer exonerate themselves by proving no fault. Even a defense of due diligence may no longer protect the producer from liability. The due diligence defense still has some importance although it may be more difficult to prove. Since the negligence (no fault) defense no longer exists, the notions of defectiveness, state of the art and consumer expectations are of new importance. Quality control, documentation and warnings also gain increased significance. With respect to safety/EMC conformity, producers are expected to document their quality system procedures and have a duty-to-warn consumers of hazards. Strict liability applies to producers or suppliers of any end product, raw material or component as well as to the quasi producers, meaning anyone who presents themselves as a producer by affixing their name, trademark and other distinguishing feature on the product. Losses in the area of consumer goods are more likely; however, producers of industrial products (i.e., machines) will encounter more actions resulting under worker compensation. Component producers may also face claims caused by the defective product components of third-party manu

The CE Marking shows compliance to the essential requirements and quality systems requirements specified in the directives, but not to more stringent safety requirements. In time, most products will bear the CE Marking. To be competitive, manufacturers can affix TÜV Rheinland test marks (i.e., GS, EMC, Ergonomic Services, Bauart, GM and T-Mark) in conjunction with the CE Marking on their products (except for products under the MDD and AIMDD) More detailed information