Strict liability

Question 1

strict liability

Answer 1

be held liable without the need to prove fault of negligence

Question 2

types of strict liability

Answer 2

employers’ liability
product liability- Product Liability Directive

Question 3

employers’ liability requirements

Answer 3

1. employer-employee relationship (contract)
2. tort is a result of activity being taken by the employee on behalf of the employer

Question 4

product liability requirements

Answer 4

1. damage- caused by death or personal injuries; destruction of any item of property other than defective product, with a lower threshold of 500 euro
2. defect- taking all circumstances into account, including:
   the presentation
   the use it is reasonably expected
   the time when it was put into circulation
3. causal links
   determine X
   determine Y
   phase 1- causation in fact
   phase 2- causation in law
   conclusion

Question 5

defences for product liability

Answer 5

if the producer proves:
a. he did not put the product into circulation
b. the damage did not exist at the time when the product was put into circulation
c. neither manufactured by him for sale or distributed by him in the course of his business
d. defect is due to compliance of the product with mandatory regulations issued by public authorities

cannot exclude or limit liability in relation to personal injuries

Question 6

time limit for product liability claims

Answer 6

• limitation of 3 years for proceedings for the recovery of damages. begins from the day on which the plaintiff became aware of the damage
• the rights shall be extinguished upon the expiry of 10 years from the moment the product was put into circulation

Question 7

remedies for product liability

Answer 7

1. full-scale recall
2. mend the defect
3. issue warnings, statements and press notices
4. inform retailers, resellers and distributors

Question 8

consumer sales and guarantee directive

Answer 8

repair or replacement or reduction of the price when a product does not conform within 2 years

Question 9

product

Answer 9

all movables even if incorporated into an immovable or movable. also electricity

Question 10

producer

Answer 10

manufacturer of a finished product, raw material or component part, trademark.
importer into EU- producer
if cannot be identified- suppliers are liable

Question 11

suppliers

Answer 11

can be liable if they do not disclose within a reasonable time the identity of the person who supplied the product- upstream supplier

Question 12

joint liability

Answer 12

2 or more persons can be liable for the same damage