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The Revised Product Liability Directive: Open Questions at the Time of Implementation

by David Messner-Kreuzbauer

Product liability at an implementation crossroads

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AlbakiReads Editorial

Product liability at an implementation crossroads

Framed around open questions surrounding implementation of the revised Product Liability Directive, this edited volume sits within a wider debate about changing liability law. Its supplied description points to the growing role of legislation, case law, and technical and medical knowledge in establishing causation and liability. It also highlights issues with broad practical consequences: mass torts, multiple causes, joint and several liability, different heads of damage, and the relationship between liability and insurance. The description does not specify which implementation questions the volume resolves, but it signals an interest in how evolving liability claims intersect with insurance coverage and insurers’ financial stability.

Good fit for readers who enjoy

  • Legal professionals working with civil or product liability law
  • Researchers interested in tort law, causation, and mass claims
  • Readers examining the relationship between liability and insurance

Themes

Product liability lawCausation and damagesMass torts and shared liabilityLiability insurance

Based on publisher information and book metadata.

Book overview

Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established - with far-reaching economic consequences for all parties involved.
The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts.
(The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)

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