Product Liability and Product Security: Present and Future

Abstract

According to Art 6 para 1 Directive 1985/374/EC (‘PLD’), an unsafe product is a defective product that may result into producer’s liability. In the European legislator’s intent, Art 6 seems to implement the following syllogism: defect is an objective notion that refers to safety, not to utility;1 the identification and qualification of the properties of a product depend on what the public at large expects. Consequently, it is up to the courts to determine the legitimate safety expectations of the public at large. The le‐ gitimate expectations of a person concerning safety represent an objective standard, assessed on the public’s expectations but not on the injured. It is, therefore, a normative standard, not a factual one.2 The nobile officium of I.