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ARTICLE · 19 DECEMBER 2024

The Future Of Product Liability Under Revised EU Directive

William Fry LLP
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William Fry LLP

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Directive (EU) 2024/2853 on liability for defective products (Revised Directive) was published in the EU Official Journal on 18 November 2024 and came into effect on 8 December.

IrelandConsumer Protection
Mary Cooney
Mary Cooney
Margaret Muldowney
Margaret Muldowney
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Directive (EU) 2024/2853 on liability for defective products (Revised Directive) was published in the EU Official Journal on 18 November 2024 and came into effect on 8 December.

Member States, including Ireland, are required to transpose the Revised Directive into national law by 9 December 2026.

Liability for defective products under Irish law is regulated by the Liability for Defective Products Act 1991 (1991 Act), which is regarded as inadequate in attending to the needs of the digital era and modern economy. Plaintiffs trying to to prove their case in certain product liability claims faced challenges due to the scientific and technical complexity of the issues. Claims relating to medical devices and pharmaceuticals are becoming increasingly complex and unclear due to advancements in digital technologies and artificial intelligence, which are not captured under the 1991 Act.

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