Product Liability

EU Corrigendum to Directive (EU) 2024/2853 on Product Liability — Applicability Date Corrected to 8 December 2026

An EU Council corrigendum has corrected Article 2(1) of Directive (EU) 2024/2853 on liability for defective products so that the regime applies to products placed on the market or put into service after 8 December 2026, not 9 December 2026. This one-day adjustment fixes the legal cut-over date for the new EU product liability framework, so companies should align contract terms, product documentation, and compliance planning with the 8 December 2026 applicability threshold.

28 Apr 2026, 16:20data.consilium.europa.euEuropean Union

US House Introduces H.R. 8330 to Limit Energy Sector Liability

In April 2026, US lawmakers introduced H.R. 8330, a federal bill that would broadly shield energy-sector companies from civil liability for damages or court orders arising from the use of their products. If advanced, this liability shield could significantly reduce environmental and climate-related litigation risk for energy producers and major industrial users while shifting more of the cost burden away from upstream fuel suppliers.

23 Apr 2026, 12:25congress.govUnited States

Kentucky Enacts SB199 On EPA-Approved Pesticide Warning Labels

In April 2026 Kentucky enacted SB199 (Acts Ch. 11), creating a new safe harbour that treats EPA-approved FIFRA pesticide labels as sufficient warnings for state duty-to-warn claims by adding a new section to KRS Chapter 217 and amending KRS 217.544. This shifts the litigation and compliance risk calculus for pesticide manufacturers and agricultural users in Kentucky by strengthening defences where labels track federal approvals while preserving claims in cases of EPA-identified misconduct or on other state-law grounds.

15 Apr 2026, 08:15apps.legislature.ky.govUnited States

New York Senate Bill S9765: Sunshine in Litigation Act on Public Hazards

New York is proposing the Sunshine in Litigation Act to prevent court orders and settlements from concealing information about public hazards related to products or property. This move toward mandatory transparency will increase legal and reputational risks for manufacturers by limiting the use of non-disclosure agreements in liability cases.

9 Apr 2026, 14:21nysenate.govUnited States

Netherlands Court Of Appeal Convicts Aquapark Owner Over Fatal Inflatable Play Device Accident

The Arnhem-Leeuwarden Court of Appeal has convicted a recreation park operator for negligent homicide and safety violations following a fatal accident involving non-compliant inflatable play equipment. This judgment confirms that failures in equipment certification, maintenance, and supervision can lead to criminal prosecution and significant financial penalties, necessitating rigorous safety management for all public attractions.

2 Apr 2026, 17:03uitspraken.rechtspraak.nlNetherlands

EU Court of Justice Clarifies Limitation Periods and Fault-Based Liability Under Product Liability Directive (Case C-338/24)

The Court of Justice of the European Union has ruled that the Product Liability Directive allows parallel national fault-based claims and confirmed that limitation periods begin when damage is first identified. This decision increases litigation exposure for manufacturers by enabling dual-track liability and underscores the necessity of robust post-market vigilance to manage long-term legal risks.

28 Mar 2026, 15:54eur-lex.europa.euEuropean Union

Germany – OLG München Clarifies §84(2) AMG Causation Presumption in Comirnaty Vaccine Injury Case

The Munich Higher Regional Court has ruled that the statutory presumption of causation in medicinal product liability requires concrete, case-specific evidence rather than abstract hypotheses. This decision strengthens the defense position for pharmaceutical manufacturers by raising the evidentiary threshold for claimants and mandating comprehensive medical documentation to trigger liability.

27 Mar 2026, 11:58gesetze-bayern.deGermany

Italy Adopts Law 36/2026 Delegating Implementation of Selected EU Directives (Legge Di Delegazione Europea 2025)

Italy has enacted Law 36/2026, authorizing the government to transpose major EU directives including CSDDD, the Product Liability Directive, and the Urban Waste Water Treatment Directive. Businesses must prepare for forthcoming national decrees that will formalize specific Italian requirements for corporate due diligence, product defect liability, and expanded waste management obligations.

27 Mar 2026, 09:09gazzettaufficiale.itItalyEuropean Union

New Jersey Senate Bill S4068 Proposes Replacement or Reimbursement Duties for Recalled Medical Devices

New Jersey has introduced legislation requiring medical device manufacturers to provide replacements or reimbursements for products subject to a recall. This proposal shifts significant financial and operational liability to manufacturers, necessitating a review of recall contingency plans and product liability insurance coverage.

26 Mar 2026, 19:10njleg.state.nj.usUnited States

Germany BGH Remands Diesel Defeat-Device Case on EG-FGV Damages (VIa ZR 529/22)

The German Federal Court of Justice has solidified the legal basis for vehicle buyers to seek damages for unlawful diesel defeat devices under national vehicle approval regulations. This ruling heightens financial and litigation risks for automotive manufacturers by facilitating compensation claims for negligent non-compliance with EU emissions standards.

26 Mar 2026, 19:08rechtsprechung-im-internet.deGermany

US Bill Would Shield Stone Slab Manufacturers Amid Rising Silicosis Cases

Proposed US federal legislation seeks to grant stone slab manufacturers a liability shield against civil claims for silicosis linked to third-party fabrication. This development highlights a strategic effort to decouple product liability from occupational exposure risks, contrasting with the total product bans adopted in other major markets.

25 Mar 2026, 21:41govinfo.govUnited StatesAustralia

US Senate Proposes Safeguarding Women From Chemical Abortion Act (S. 4066)

US Senate Bill S. 4066 proposes the immediate withdrawal of FDA approval for mifepristone and its generics, effectively banning their use for pregnancy termination. This legislation signals a significant shift toward direct political intervention in pharmaceutical market access and introduces substantial new litigation risks for manufacturers through a federal tort regime.

25 Mar 2026, 21:38govinfo.govUnited States

Germany BGH Confirms EG-FGV Protective Function And Remands Diesel Defeat Device Claim

The German Federal Court of Justice has reaffirmed that vehicle type-approval regulations protect buyers, enabling differential damage claims for diesel vehicles with unlawful defeat devices. This decision lowers the burden of proof for claimants by allowing liability based on negligence rather than intent, significantly increasing long-term litigation risk for automotive manufacturers.

25 Mar 2026, 21:36rechtsprechung-im-internet.deGermany

Germany BGH Remits Fiat Ducato Diesel Defeat-Device Case (VIa ZR 1439/22) For Differential Damage Assessment

The German Federal Court of Justice has confirmed that vehicle manufacturers face liability for financial damages based on negligence alone when using unlawful diesel defeat devices. This ruling significantly lowers the evidentiary threshold for consumer compensation claims, increasing litigation and financial risks for automotive companies regarding emissions compliance.

25 Mar 2026, 21:35rechtsprechung-im-internet.deGermany

Germany BGH Judgment Clarifies Liability for Diesel Defeat Devices (VIa ZR 526/23, 17 March 2026)

The German Federal Court of Justice has restricted the legal defenses available to automakers in diesel emissions litigation concerning unlawful defeat devices. This ruling increases financial and litigation exposure by setting a high evidentiary bar for manufacturers to avoid liability for negligence in their emission-control strategies.

25 Mar 2026, 21:35rechtsprechung-im-internet.deGermany

Germany BGH Clarifies AMG §§ 84 And 84a Disclosure And Causation Standards For Medicinal Products

The German Federal Court of Justice has lowered the evidentiary threshold for claimants to access pharmaceutical data and tightened the requirements for companies to rebut causation in product liability cases. This ruling significantly increases litigation risk for marketing authorization holders by broadening disclosure obligations and requiring concrete evidence-based defenses to counter legal presumptions of harm.

14 Mar 2026, 14:54rechtsprechung-im-internet.deGermany

US Congress Introduces H.R. 7902 To Withdraw FDA Approval For Mifepristone And Create Federal Tort For Chemical Abortion Drugs

A new US House bill proposes to withdraw FDA approval for mifepristone and establish a federal tort cause of action for chemical abortion drugs. This legislation would eliminate market access for the substance while significantly increasing litigation risk and liability exposure for pharmaceutical manufacturers.

14 Mar 2026, 08:37congress.govUnited States

Italy Adopts Decree Implementing Directive (EU) 2023/2661 on Intelligent Transport Systems

Italy has implemented the revised EU Intelligent Transport Systems framework, mandating standardized digital infrastructure and real-time data exchange effective February 2026. Logistics and transport operators must modernize data management systems to comply with new requirements for tracking dangerous goods, automated enforcement, and multimodal mobility services.

14 Mar 2026, 07:55eur-lex.europa.euItaly

Germany (OLG Oldenburg) Confirms Defective Riding Sand in Microplastics Dispute

Germany's Higher Regional Court of Oldenburg has upheld a supplier's liability for defective granular materials, citing performance failures and alleged microplastic contamination. This ruling highlights increasing litigation risks for suppliers where material composition or performance defects can trigger significant product replacement costs and liability claims.

12 Mar 2026, 13:46oberlandesgericht-oldenburg.niedersachsen.deGermany

Germany BGH Remands Audi Diesel Defeat-Device Case For EG-FGV Difference-Damage Assessment (VIa ZR 471/22)

The German Federal Court of Justice expanded manufacturer liability for illegal diesel defeat devices in a March 2026 ruling confirming consumer rights to financial compensation for negligent non-compliance. This decision lowers the evidentiary bar for consumer claims and increases the systemic litigation and financial risk for automotive companies regarding vehicle emissions conformity.

12 Mar 2026, 11:25rechtsprechung-im-internet.deGermany