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NIST GCR 01-824 Time Limit: The producer's liability expires at the end of ten years from the date on which the producer placed the product on the market (unless legal action is pending) (Article 11). Contractual Arrangements: The producer may not limit his liability, nor is the producer exempted from it, regardless of what contractual arrangements have been made with the injured party (Article 12). Member State Rights: Regardless of the provisions of Article 7 (noted below) that excuse the producer from liability if: "…the state of scientific and technical knowledge at the time the producer placed the product on the market was not such as to enable the defect to be discovered." Member States are allowed derogation from Article 7. They may hold the producer liable even if the producer proves that the state of scientific and technical knowledge at the time the producer put the product into circulation was not such as to enable the existence of a defect to be discovered (Article 15). The Directive allows each Member State to set a limit for a producer's total liability for damage resulting from death or personal injury caused by identical items with the same defect. This limit may not be lower than 70 million ECU (Article 16). Note: National law may govern non-material damages, such as pain and suffering, although the Directive does not require Member States to offer them.
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| Technology Services, Standards Services Division, Global Standards and Information Group Contact: maureen.breitenberg@nist.gov A Guide to the EU Directive Concerning Liability for Defective Products (Product Liability Directive | Date Created: 11/15/01 |
