Defective Products Liability: New Clarifications On The Regime's Implementation

In a ruling handed down on 25 February 2016, the Court of Cassation clarified the conditions for implementation of the defective products liability regime.

In this case, a patient was prescribed Mediator treatment between 1998 and 2008. Blaming the heart problems she suffered (valvular disease) on her use of the medication, she summoned the manufacturer, Servier Laboratories. She requested the appointment of an expert and the payment of a provision as compensation for damages and the costs of the proceedings.

The Versailles Court of Appeal, in view of the expert report, granted the provision sought, ruling that this obligation could not seriously be contested given the product's lack of safety in terms of a negative benefit/risk report and the lack of information on related risks.