Who is liable for a defective product in the EU?

A product shall be considered defective where it does not provide the safety that a person is entitled to expect or that is required under Union or national law.

In assessing the defectiveness of a product, all circumstances shall be taken into account, including: (a) the presentation and the characteristics of the product, including its labelling, design, technical features, composition and packaging and the instructions for its assembly, installation, use and maintenance; (b) reasonably foreseeable use of the product; (c) the effect on the product of any ability to continue to learn or acquire new features after it is placed on the market or put into service; (d) the reasonably foreseeable effect on the product of other products that can be expected to be used together with the product, including by means of inter-connection; (e) the moment in time when the product was placed on the market or put into service or, where the manufacturer retains control over the product after that moment, the moment in time when the product left the control of the manufacturer; (f) relevant product safety requirements, including safety-relevant cybersecurity requirements; (g) any recall of the product or any other relevant intervention relating to product safety by a competent authority or by an economic operator as referred to in Article 8; (h) the specific needs of the group of users for whose use the product is intended; (i) in the case of a product whose very purpose is to prevent damage, any failure of the product to fulfil that purpose.

A product shall not be considered to be defective for the sole reason that a better product, including updates or upgrades for a product, has already been or is subsequently placed on the market or put into service.