Harmonised, technical standards in product safety regulation and liability have not found a final role yet, according to the mainstream. The relevance of compliance with product safety standards has been extensively discussed, mainly in the USA. Nevertheless, it is still highly debated whether it could be a full defence for manufacturers in a product liability litigation, and whether regulatory standards could become civil liability standards. Considering current precedents’ uncertainty (not only in Italy) referring to the burden of proof of defect in product liability cases, this essay aims to offer a contribute to the debate, by analysing the role of presumption of conformity with the essential requirements provided by harmonised standards, the relationship between the definitions of safe and defective product and, more generally, the interaction between product liability and regulation in the current EU legislation and the functions of tort law.

Bellisario, E. (2016). Il danno da prodotto conforme tra regole preventive e regole risarcitorie. EUROPA E DIRITTO PRIVATO(3), 841-882.

Il danno da prodotto conforme tra regole preventive e regole risarcitorie

BELLISARIO, ELENA
2016-01-01

Abstract

Harmonised, technical standards in product safety regulation and liability have not found a final role yet, according to the mainstream. The relevance of compliance with product safety standards has been extensively discussed, mainly in the USA. Nevertheless, it is still highly debated whether it could be a full defence for manufacturers in a product liability litigation, and whether regulatory standards could become civil liability standards. Considering current precedents’ uncertainty (not only in Italy) referring to the burden of proof of defect in product liability cases, this essay aims to offer a contribute to the debate, by analysing the role of presumption of conformity with the essential requirements provided by harmonised standards, the relationship between the definitions of safe and defective product and, more generally, the interaction between product liability and regulation in the current EU legislation and the functions of tort law.
Bellisario, E. (2016). Il danno da prodotto conforme tra regole preventive e regole risarcitorie. EUROPA E DIRITTO PRIVATO(3), 841-882.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/309146
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact