Il danno da prodotto conforme tra regole preventive e regole risarcitorie

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.