Ccivil Liability Arising from Defective Products and Consumer Protection Mechanisms – A Comparative Study

Abstract

Abstract: Civil liability arising from defective products is considered one of the most prominent forms of development in the theory of liability in private law, due to industrial and technological transformations that have produced complex products potentially carrying risks that threaten the safety and property of consumers. It is no longer appropriate to rely solely on traditional rules based on proving fault, given the practical difficulty consumers face in demonstrating the producer’s negligence or defects in the manufacturing process. Modern legislation has tended to adopt a more protective system that imposes broader liability on the producer, often on an objective basis, requiring only the proof of the defect, the resulting damage, and the causal link, without the necessity of proving fault. This trend has been clearly reflected in the regulations adopted within the framework of the European Union, which established a special system of product liability to strengthen consumer protection.