The Product Liability Directive is 85/374/EEC of 25 July 1985.
* Establishes the principle of liability without fault on the part of
the producer in the event of damage caused by a defect in his product
* The "injured person" must prove actual damage, the defect in the
product and the causal relationship
* Lack of safety which the general public is entitled to expect
determines the defectiveness of a product
* Liability ends 10 years after the product is placed in circulation
* No contractual clause may limit the producer's limit of liability
* The liability limit, set by each state, must be at least ECU 70
million
Richard Woods
----------
From: Chris Maxwell [SMTP:chris.maxw...@nettest.com]
Sent: Monday, June 11, 2001 8:56 AM
To: 'John Woodgate'; emc-p...@majordomo.ieee.org
Subject: RE: FW: Product Safety: A Matter of Law or Litigation?
Hi all, (refer to John's "inimitable" :-) reply below)
Even though my previous response may not sound like it; I agree with
you on
this one John. Manufacturers should go the extra mile. I think
that we're
all trying to figure out which road to go the extra mile on. (with
regard
to products that fall outside the scope of the Low Voltage
Directive,
Machinery Directive, Toy Directive, RT&TTE Directive......even the
General
Product Safety Directive).
I saw a reply from a collegue at Agilent. He mentioned a "Product
Liability
Directive".
Ever heard of that one? Anybody have a copy of it that cares to
comment?
****************************************************************************
************
> Now imagine you are a defendant in a court case. Prosecuting
counsel
> says to you, 'So, Mr. Maxwell, you have explained to the court
that your
> company is not responsible for the dreadful injury inflicted on
Mr.
> Smith by your company's product, because the General Product
Safety
> Directive does not apply to 'commercial equipment'. Do you not
agree
> that what you are asking the jury to accept is that Mr. Smith
should be
> protected from injury by the law in his home, but that he forfeits
any
> such protection as soon as he sets foot in his workplace?'
>
> Go the extra mile: don't assume a 'whereas' will save you!
> --
>
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