Volume 1
Introduction(Issued May 2006) 23
Introduction 23
Product Liability Law in Europe 25
Product Liability Law in the United States 33
Comparative Analysis of American and European Approaches 38
Towards a Reform of European Products Liability Law 40
Continued Relevance of Conflict of Laws 45
Australia（Issued May 2006) 51
Introduction 51
Theories of Manufacturers' Liability 51
Factors Which Define the Concept of Defect 58
Obligations to Warn or to Recall Defective Products 60
Defenses Available to the Manufacturer 61
'Proximate Cause'Limits 64
Others Affected by Product Liability Rules 65
Remedies 67
Exclusion or Limitation of Contractual Liability 69
Statutes of Limitations 70
Liability of Successor Corporations 71
Insurance 71
Role of Courts and Lawyers 73
Austria（Issued May 2006) 75
Introduction 75
Historical Evolution 76
Purpose of the PHG 78
Product and Defective Product 79
Warning and Recall Obligations 81
Defenses 82
Defect as'Proximate Cause' 84
Liable Persons 84
Remedies 88
DisclaimerClauses 89
Statutes of Limitation 90
Liability of Corporate Successors 90
Insurance 91
Role of the Courts 92
Canada（Issued June 1993) 93
Theories of Liability 93
Concept of4 Defect' 100
Duty to Warn 102
Duty to Recall 105
Defenses 106
Proximate Cause 115
Parties to the Action 117
Remedies 121
Disclaimer Clause 126
Implications of Statutes of Limitation 129
Liability of Corporate Successors 131
Insurance 133
Class Actions 136
Role of Courts and Lawyers 140
Denmark（Issued May 2006) 143
Introduction 143
Theories of Liability 144
Negligence 145
Fraud or Misrepresentation 147
Warranty 147
Strict Liability 148
Concept of Defect 149
Defenses 155
Liability in the Chain of Commerce 157
Remedies 158
Limitations 160
Successor Liability 160
Insurance 161
Product Liability Litigation 165
Appendix 167
England(Issued June 1993) 169
Negligence 169
Breach of Other Civil Duties 172
Fraud or Misrepresentation 174
Contract 176
Impact on Third Parties 182
Strict Liability 183
The Concept of Defect 188
Obligations to Warn and Recall 190
Defenses 193
Proximity: Causation and Remoteness of Damage 201
Impact of Product Liability Considerations 203
Damages 207
Limitations and Disclaimers 213
Limitation of Actions 217
Product Liability and the Corporate Structure 221
Insurance 222
Role of Courts and Lawyers 227
France（Issued June 1993) 231
Introduction 231
Theories of Liability 232
Tort Liability 245
Concept of Defect 249
Warnings or Recall of Defective Products 250
Defenses 252
Proximate Cause 256
Chain of Distribution 257
Remedies 259
Disclaimers and Limitations 261
Statutes of Limitation 262
Liability for Corporate Successors 263
Insurance 264
Role of the Court and Lawyers 266
Germany(Issued June 1993) 269
Introduction 269
Contractual Claims 269
Tort Liability for Negligence 273
Absolute Liability and the New Law 280
Insurance 285
Recourse when Several Persons Liable 285
Criminal Responsibility for Product 286
Greece(Issued June 1993) 289
Introduction 289
Pre-1991 Legislation and the Civil Code 290
Law for Protection of the Consumer 292
Italy(Issued January 1996) 295
Introduction 295
The Concept of Defect 298
Exclusion Clauses 300
Duty to Warn 301
Useful Disclaimers and Limitations 302
Defenses and Exemption 304
Remedies 306
Statutory of Limitation 307
Extension of Liability to Corporate Successors 308
Insurance 309
The Role of the Court and of Lawyers 310
Luxembourg(Issued June 1993) 313
Introduction 313
Bases of Manufacturers Liability 313
Concept of Defect 325
Liability for the Defect 329
General Defenses 332
Recoverable Damages 341
Clauses Limiting or Excluding Liability 345
Time Limits 347
Insurance 350
Courts and Lawyers 351
The Netherlands{Issued May 2006) 353
Introduction 353
Incorporation 354
Transitional Law 355
Product Liability Ex Articles 185 Et Seq 356
Concurrence of Legal Bases 374
Proceedings 378
Insurance 380
Conclusion 381
New Zealand{Issued May 2006) 383
Introduction 383
Manufacturer's Liability in New Zealand 384
Concept of Defect 396
Defenses 401
Causation 403
Onus of Proof 404
Parties Affected by Product Liability Law 405
Remedies 406
Exclusion Clauses 411
Limitation 416
Corporate Personality 417
Product Liability Insurance 417
Litigation in New Zealand 418
Conclusion 419
Norway(Issued May 2006) 421
Theories of Liability 421
Concept of Defectiveness 433
Remedies After Marketing 437
Defenses 438
Causal Connection 442
Other Suppliers'Liability 444
Damages 447
Disclaimers and Limitations on Liability 450
Statutes of Limitation 450
Corporate Successors 452
Insurance 454
Litigation 457
Portugal(Issued June 1993) 465
Introduction 465
Manufacturers Liability:Strict Liability 467
The Concept of Defect 467
Duty of Information 469
Defenses 470
Concept of Manufacturer 472
Damages and Remedies 474
Limitation Period and Lapse of Rights 475
Spain(Issued June 1993) 477
Introduction 477
Contract 477
Civil Code 478
General Law for Defense of Consumers and Users 480
Insurance 488
Sweden(Issued May 2006) 491
Introduction 491
Product Liability 491
Contractual Liability 494
Non-Contractual Liability 496
Concept of Defect 497
Obligation to Ward or Recall 498
Defenses 499
Who Can Be Liable? 500
Remedies 501
Disclaimers and Limitations 503
Statutes of Limitation 503
Corporate Successors 504
Product Liability Insurance 504
Courts and Lawyers in Liability Litigation 506
Switzerland(Issued July 1995) 509
Introduction 509
Tort Liability 510
Contractual Liability 512
Defects 514
Defenses 516
Proximate Cause 518
Affected Persons in Commerce 519
Remedies 521
Limitation and Exclusion Clause 527
Statute of Limitation 528
Succession of Enterprises 529
Role of Insurance 529
Role of Court and Attorneys 530
Choice of Law and Forum 531
Future Developments 533
United States(Issued June 1993) 535
Introduction 535
Theories of Liability 537
Defenses 549
Proximate Cause 554
Liability of Others in the Chain of Distribution 556
Remedies 557
Disclaimers and Limitations on Remedies 562
Statutes of Limitation 563
Liability of Corporate Successors 564
Role of Insurance in Product Liability Matters 565
Role of the Court and Lawyers 567
European Community(Issued May 2006) 569
Introduction 569
Theory of Products Liability 570
Affected 'Products' 570
Definition and Types of 'Defect' 572
Liable Parties 573
Parties Entitled to Recovery 574
Types of Remedies and Extent of Recovery 575
Questions of Evidence 576
Limits of Liability 577
Other Remedies 578
Disclaimer 579
Transformation of the EC Directive 579
Further Developments in the European Community 582
Appendix 584