DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
In Denmark, the legal framework regarding defective products are governed by a dual sys - tem. The Product Liability Act governs cases involving personal injuries and consumer prop - erty damage, while broader categories of dam - age, such as commercial property damage, are regulated by product liability rules develop through case law. Both the Product Liability Act and case law- develop rules are applicable solely to damage or injury other to anything other than the product itself. Liability for damage to the product itself is governed by contractual agreements between the parties and Danish laws such as the Sale of Goods Act and standard contracts including the AB-regime, CISG and FIDIC. 2.2 Standing to Bring Product Liability Claims According to the Danish Product Liability Act, individuals who have suffered personal injury or property damage as a result of a defective prod - uct 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 are time- barred after ten years. The Product Liability Act does not restrict the claimant’s access to dam - ages by the product liability rules developed through case law, where the absolute limitation period for personal injuries is 30 years. 2.4 Jurisdictional Requirements for Product Liability Claims In Danish law, the general rule is that the claim - ant must initiate proceedings against a produc - er at their domicile. However, Danish law also allows the claimant 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 tak - en before legal proceedings can be commenced in product 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 evidence 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 dis -
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