Liability for defective products | 500 Questions - Business Law (Chapter 1.4.1) • Livv

225. How does liability for defective products interact with other liability regimes?

Article 1245-17, para. 1, of the Civil Code provides that the victim of damage resulting from a defective product may avail themselves of the rights derived from contractual or non-contractual liability law or a special liability regime. However, …

226. When does contractual or tort liability apply?

The general system of liability for defective products excludes the application of other contractual or non-contractual liability regimes under ordinary law, such as liability for things, based on the defect of a product that does not offer the …

227. When do other special liability regimes apply?

Article 1245-5 of the Civil Code states that “producers (...) are not considered to be persons whose liability may be sought on the basis of Articles 1792 to 1792-6 and 1646-1”. The liability of the builder thus takes precedence over the regime …

228. What is the temporal scope of liability for defective products?

The incorrect transposition of Directive No 85-374 by the Law of 19 May 1998 not only led the French legislator to repeatedly amend the liability system resulting from thiat law but also caused difficulties in its application over time. Article 13 …

229. Which products fall under liability for defective products?

The regime established by Articles 1245 et seq. of the Civil Code covers a very broad scope. The “product,” within the meaning of Article 1245-2 of the Civil Code, is in principle a “movable good, even if it is incorporated into an immovable.” …

230. What is a defect within the meaning of Article 1245-3 of the Civil Code?

Article 1245-3 of the Civil Code defines a “defective product” as one “that does not provide the safety which one is entitled to expect.” According to the courts, a product is defective when it is likely to harm the health, physical or mental …

231. How is the defect proven?

Under Article 1245-8 of the Civil Code, the claimant must prove the defect . The proof of an internal defect in the product causing the damage, which is particularly difficult to provide, especially in the case of a fire, has led to some …

232. What damage is compensable?

While Article 9 of the Directive provides for the compensation of damage caused to something other than the defective product itself, subject to a deductible of 500 euros, the transposition law of 19 May 1998 did not impose any limitation on the …

233. How is the causal link between the damage and the defect proved?

Article 1245-8 of the Civil Code requires the claimant to prove the existence of a causal link between the damage and the defect of the product. The proof can be provided by any means, through expert reports or the system of presumptions. The trial …

234. Who is a producer or equivalent?

The producer is any person who “acting in professional capacity, the manufacturer of a finished product, the producer of a raw material, the manufacturer of a component part” (Article 1245-5, para. 1, of the Civil Code). It is also “any person …

235. Who is liable in the case of products subject to incorporation?

Pursuant to Article 1245-7 of the Civil Code, which incorporates Article 5 of Directive No 85/374, the producer of the component part and the one who carried out its incorporation are jointly and severally liable in the event of damage caused by …

236. Under what circumstances can a supplier be held liable?

Article 1245-6 of the Civil Code states that if the producer cannot be identified, the supplier is liable for the product's lack of safety, unless they designate their own supplier or the producer within three months from the date the victim's …

237. What are the conditions for exemption for development risks (state of the art defense)?

The state of scientific and technical knowledge at the time the product was put into circulation, which would not have allowed the detection of the defect or “development risk,” constitutes one of the grounds for exemption that the producer can …

238. Does the fault of the victim or a third party constitute a ground for exemption?

Article 1245-12 of the Civil Code states that the producer's liability may be reduced or eliminated , taking into account all circumstances, when the damage is jointly caused by a defect in the product and the fault of the victim. The victim's …

239. What are the exonerating causes related to the product's release into circulation?

The producer may, under Article 1245-10, invoke two grounds for exemption related to the product's release into circulation to be relieved of strict liability. Pursuant to Article 1245-10, 1 of the Civil Code, the producer is exempt from liability …

240. What does the double limitation period within which the action must be brought imply?

The liability action of the victim of a defective product is subject to a double limitation period. Article 1245-16 of the Civil Code states that “the action for compensation based on the provisions of this title is time-barred after a period of …

241. What will Directive No 2024/2853 of 23 October 2024 change in Directive No 85/374 of 25 July 1985?

Directive No 85/374 is repealed with effect from 9 December 2026; however, it continues to apply to products placed on the market or put into service before this date. Directive No 2024/2853, which applies to products placed on the market or put …