DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
2.4 Jurisdictional Requirements for Product Liability Claims In Danish law, the general rule is that the claimant must initiate proceedings against a producer at their domicile. However, Danish law also allows the claim - ant to bring the case where the damage occurred, which is often the claimant’s place of residence. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims There are no mandatory steps that must be taken before legal proceedings can be commenced in prod - uct liability cases under Danish law. 2.6 Rules for Preservation of Evidence in Product Liability Claims There are no explicit rules under Danish law for the preservation of evidence, including the product itself, in product liability cases. Failure to preserve key evi - dence will, however, render it difficult for both the claimant and the producer to lift the burden of proof. 2.7 Rules for Disclosure of Documents in Product Liability Cases If a party seeks disclosure of documents held by the opposing party in a product liability case, Danish courts have the authority to compel this, provided that the requesting party clarifies the specific issues for which the documents are needed. Failure to comply with the court’s disclosure order may lead to adverse inferences being drawn. Similarly, if a party wishes to disclose documents held by a non-party, the court may impose disclosure based on the relevance of the documents to the case, unless the non-party is exempt from providing testimony on the content of the documents. Non-compliance may result in sanc - tions similar to those for failing to comply with a court appearance, including fines or imprisonment. 2.8 Rules for Expert Evidence in Product Liability Cases In Denmark, the decision to involve expert evidence typically rests with the parties, though the court may reject such evidence if it deems it unnecessary, either upon request or at its own discretion. Court-appointed experts, rather than party-appointed experts or wit - nesses, are more commonly relied upon, providing written statements and court explanations based on
In Denmark, the legal framework regarding defective products is governed by a dual system. The Product Liability Act governs cases involving personal injuries and consumer property damage, while broader cate - gories of damage, such as commercial property dam - age, are regulated by product liability rules develop through case law. Both the Product Liability Act and case law-derived rules are applicable solely to damage or injury to any - thing other than the product itself. Liability for damage to the product itself is governed by contractual agree - ments between the parties, Danish laws such as the Sale of Goods Act and standard contractual frame - works including the AB-regime, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and International Federation of Consult - ing Engineers (FIDIC) contracts. 2.2 Standing to Bring Product Liability Claims According to the Danish Product Liability Act, individu - als who have suffered personal injury or property dam - age as a result of a defective product have standing to bring claims for product liability. Whether the defective product is used commercially or privately is irrelevant. The rules governing the standing of companies and other commercial operators who have suffered dam - age to bring a claim are regulated by product liability rules developed through case law. A common feature of both sets of product liability rules is that they do not cover damage to the defective product itself. 2.3 Time Limits for Product Liability Claims According to the Danish Act on Limitation, the time limit for bringing a claim for product liability is typically three years from the date when the claimant became aware, or should have become aware, of the claim, the defect in the product and the identity of the party responsible for the defect. However, the three-year time limit can be suspended if the claimant neither had nor should have had knowledge of the claim. A claim based on the rules of the Product Liability Act is time-barred after ten years. The Product Liability Act does not restrict the claimant’s access to damages via the product liability rules developed through case law, where the absolute limitation period for personal injuries is 30 years.
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