What exactly is the meaning of “defect” in product liability? The UK High Court made a key decision this week that will likely have an impact on the EU Product Liability Directive. The judgemant, which arose in the DePuy Pinnacle Metal on Metal Hip litigation, a group action brought by 312 individual claimants under the UK Consumer Protection Act (incorporates the directive into British Law) and will likely have an impact on litigation cases for a wide range of products. The judgement contains a detailed analysis of the meaning of a “defect” which is yet missing in the EU liability directive. Read more about the background and the judgement.
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