This Note argues that the optional inclusion of the development risks defense in Member State legislation undermines the Products Liability Directive by impeding harmonization of products liability laws in the Community. Part I sets forth the background and content of the Products Liability Directive. Part II discusses the implementation of the Products Liability Directive in Member State legislation. Part III argues that the optional nature of the development risks defense undermines the intent of the Directive. This Note concludes that the development risks defense should be mandatory in order to establish uniform products liability laws in the Member States.
Lori M. Linger,
The Products Liability Directive: A Mandatory Development Risks Defense,
14 Fordham Int'l L.J. 478
Available at: http://ir.lawnet.fordham.edu/ilj/vol14/iss2/6