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Objections to the development risk defence.

C J Stolker1

  • 1Department of Civil Law, Leiden, University.

Medicine and Law
|January 1, 1990
PubMed
Summary

Producers in Europe can use the "state of the art" defense under the 1985 Product Liability Directive. This defense shields them if scientific knowledge at the time of product release couldn

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Area of Science:

  • Product Liability Law
  • European Union Law
  • Scientific and Technical Knowledge

Background:

  • The European Community's Council Directive on product liability was established in 1985.
  • This directive governs the legal responsibility of producers for defective products.
  • Producers have access to six potential defenses against liability claims.

Purpose of the Study:

  • To examine the implications of the 'state of scientific and technical knowledge' defense.
  • To analyze the legal and practical challenges associated with this specific defense.
  • To understand how this defense impacts product liability in the European Union.

Main Methods:

  • Legal analysis of the 1985 Council Directive.
  • Examination of case law related to product liability defenses.
  • Review of scholarly articles on scientific and technical knowledge in product liability.

Main Results:

  • The 'state of the art' defense is a significant, yet complex, provision within the Directive.
  • Producers can avoid liability if a defect was undiscoverable given the scientific and technical knowledge at the time of market entry.
  • The interpretation and application of this defense can be challenging in legal proceedings.

Conclusions:

  • The 'state of the art' defense reflects a balance between producer responsibility and the limitations of scientific progress.
  • Clarification and consistent application of this defense are crucial for legal certainty in product liability cases.
  • This defense highlights the dynamic interplay between legal frameworks and scientific advancement.

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