International Harmonization of Product Liability Theory

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The no-fault product liability doctrine introduced by the EC directive in 1985 has a purpose to equalize the competing conditions in the common market and to achieve the free movement of goods. In this study, it is intended to explorer the current environment of product liability legislation in the EU countries and to make clear the issues on the international harmonization of product liability doctrine based on the research of the European experiences for more than 15 years after the adoption of the EC Directive.Even though the EFTA courtiers as well as the EU countries have introduced product liability legislation based on the no-fault liability doctrine according to the EC directive, there are varieties of its interpretation and administration among the countries. Furthermore, in the EU countries, the number of lawsuits based on such product liability legislation is relatively small, and the most of the product liability litigations are settled outside of courts or decided under the … More traditional tort or contrast laws. Several explanations can be found for reasons why the no-fault liability doctrine is not functioned as the uniform product liability rule in the EU countries. One is that a victim still has a heavy burden of proof on the causation even the burden of proof on negligence was removed. The other is that the no-fault liability doctrine under the EC directive is not applicable to property damages under 500 Euro even most of product liability cases involve only small value of property damages.As the consequences, it is recognized in Europe that the US critical situation of product liability is attributable to the social and legal system which are unique to US and that it is difficult to achieve the international harmonization for product safety and victim compensation by the unification of product liability rule. Then, it is realized that the necessity for the international harmonization for product safety regulations and they have started to move forward on such direction. Less