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Volume 1

Introduction(Issued May 2006)23

Introduction23

Product Liability Law in Europe25

Product Liability Law in the United States33

Comparative Analysis of American and European Approaches38

Towards a Reform of European Products Liability Law40

Continued Relevance of Conflict of Laws45

Australia（Issued May 2006)51

Introduction51

Theories of Manufacturers' Liability51

Factors Which Define the Concept of Defect58

Obligations to Warn or to Recall Defective Products60

Defenses Available to the Manufacturer61

'Proximate Cause'Limits64

Others Affected by Product Liability Rules65

Remedies67

Exclusion or Limitation of Contractual Liability69

Statutes of Limitations70

Liability of Successor Corporations71

Insurance71

Role of Courts and Lawyers73

Austria（Issued May 2006)75

Introduction75

Historical Evolution76

Purpose of the PHG78

Product and Defective Product79

Warning and Recall Obligations81

Defenses82

Defect as'Proximate Cause'84

Liable Persons84

Remedies88

DisclaimerClauses89

Statutes of Limitation90

Liability of Corporate Successors90

Insurance91

Role of the Courts92

Canada（Issued June 1993)93

Theories of Liability93

Concept of4 Defect'100

Duty to Warn102

Duty to Recall105

Defenses106

Proximate Cause115

Parties to the Action117

Remedies121

Disclaimer Clause126

Implications of Statutes of Limitation129

Liability of Corporate Successors131

Insurance133

Class Actions136

Role of Courts and Lawyers140

Denmark（Issued May 2006)143

Introduction143

Theories of Liability144

Negligence145

Fraud or Misrepresentation147

Warranty147

Strict Liability148

Concept of Defect149

Defenses155

Liability in the Chain of Commerce157

Remedies158

Limitations160

Successor Liability160

Insurance161

Product Liability Litigation165

Appendix167

England(Issued June 1993)169

Negligence169

Breach of Other Civil Duties172

Fraud or Misrepresentation174

Contract176

Impact on Third Parties182

Strict Liability183

The Concept of Defect188

Obligations to Warn and Recall190

Defenses193

Proximity: Causation and Remoteness of Damage201

Impact of Product Liability Considerations203

Damages207

Limitations and Disclaimers213

Limitation of Actions217

Product Liability and the Corporate Structure221

Insurance222

Role of Courts and Lawyers227

France（Issued June 1993)231

Introduction231

Theories of Liability232

Tort Liability245

Concept of Defect249

Warnings or Recall of Defective Products250

Defenses252

Proximate Cause256

Chain of Distribution257

Remedies259

Disclaimers and Limitations261

Statutes of Limitation262

Liability for Corporate Successors263

Insurance264

Role of the Court and Lawyers266

Germany(Issued June 1993)269

Introduction269

Contractual Claims269

Tort Liability for Negligence273

Absolute Liability and the New Law280

Insurance285

Recourse when Several Persons Liable285

Criminal Responsibility for Product286

Greece(Issued June 1993)289

Introduction289

Pre-1991 Legislation and the Civil Code290

Law for Protection of the Consumer292

Italy(Issued January 1996)295

Introduction295

The Concept of Defect298

Exclusion Clauses300

Duty to Warn301

Useful Disclaimers and Limitations302

Defenses and Exemption304

Remedies306

Statutory of Limitation307

Extension of Liability to Corporate Successors308

Insurance309

The Role of the Court and of Lawyers310

Luxembourg(Issued June 1993)313

Introduction313

Bases of Manufacturers Liability313

Concept of Defect325

Liability for the Defect329

General Defenses332

Recoverable Damages341

Clauses Limiting or Excluding Liability345

Time Limits347

Insurance350

Courts and Lawyers351

The Netherlands{Issued May 2006)353

Introduction353

Incorporation354

Transitional Law355

Product Liability Ex Articles 185 Et Seq356

Concurrence of Legal Bases374

Proceedings378

Insurance380

Conclusion381

New Zealand{Issued May 2006)383

Introduction383

Manufacturer's Liability in New Zealand384

Concept of Defect396

Defenses401

Causation403

Onus of Proof404

Parties Affected by Product Liability Law405

Remedies406

Exclusion Clauses411

Limitation416

Corporate Personality417

Product Liability Insurance417

Litigation in New Zealand418

Conclusion419

Norway(Issued May 2006)421

Theories of Liability421

Concept of Defectiveness433

Remedies After Marketing437

Defenses438

Causal Connection442

Other Suppliers'Liability444

Damages447

Disclaimers and Limitations on Liability450

Statutes of Limitation450

Corporate Successors452

Insurance454

Litigation457

Portugal(Issued June 1993)465

Introduction465

Manufacturers Liability:Strict Liability467

The Concept of Defect467

Duty of Information469

Defenses470

Concept of Manufacturer472

Damages and Remedies474

Limitation Period and Lapse of Rights475

Spain(Issued June 1993)477

Introduction477

Contract477

Civil Code478

General Law for Defense of Consumers and Users480

Insurance488

Sweden(Issued May 2006)491

Introduction491

Product Liability491

Contractual Liability494

Non-Contractual Liability496

Concept of Defect497

Obligation to Ward or Recall498

Defenses499

Who Can Be Liable?500

Remedies501

Disclaimers and Limitations503

Statutes of Limitation503

Corporate Successors504

Product Liability Insurance504

Courts and Lawyers in Liability Litigation506

Switzerland(Issued July 1995)509

Introduction509

Tort Liability510

Contractual Liability512

Defects514

Defenses516

Proximate Cause518

Affected Persons in Commerce519

Remedies521

Limitation and Exclusion Clause527

Statute of Limitation528

Succession of Enterprises529

Role of Insurance529

Role of Court and Attorneys530

Choice of Law and Forum531

Future Developments533

United States(Issued June 1993)535

Introduction535

Theories of Liability537

Defenses549

Proximate Cause554

Liability of Others in the Chain of Distribution556

Remedies557

Disclaimers and Limitations on Remedies562

Statutes of Limitation563

Liability of Corporate Successors564

Role of Insurance in Product Liability Matters565

Role of the Court and Lawyers567

European Community(Issued May 2006)569

Introduction569

Theory of Products Liability570

Affected 'Products'570

Definition and Types of 'Defect'572

Liable Parties573

Parties Entitled to Recovery574

Types of Remedies and Extent of Recovery575

Questions of Evidence576

Limits of Liability577

Other Remedies578

Disclaimer579

Transformation of the EC Directive579

Further Developments in the European Community582

Appendix584