DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
Furthermore, it aims to make it easier for injured parties to obtain compensation as they will be able to request manufacturers to provide them with the relevant evidence in court. If such a request is not met by the manufacturer, the prod - uct will be considered defective. Also, courts may generally relax the burden of proof if the injured party, despite of the manufacturer pro - viding the requested evidence, faces dispropor - tionate difficulties in meeting it. 3.2 Future Policy in Product Liability and Product Safety The evolution of technology and AI as well as the amended Product Liability Directive will with - out a doubt influence product liability regulation and litigation in Denmark over the coming years. According to the Danish government, the new Product Liability Directive will not only have leg - islative consequences, as changes to the Dan - ish Product Liability Act are required, but is also expected to lead to an increase in product liabil - ity claims filed in Danish courts.
Recent concerns regarding the environmental and health hazards associated with PFAS-sub - stances, commonly known as “forever chemi- cals” , have led to a noticeable rise in PFAS- related claims across the EU. This prompts speculation on whether Denmark will experience similar litigation. Much like trends observed in the US, PFAS claims, including class actions (see 2.16 Existence of Class Actions, Repre- sentative Proceedings or Co-Ordinated Pro- ceedings in Product Liability Claims ) may arise in Denmark, alleging that the presence of PFAS substances renders products unsafe. Over the past decade, consumer-focused initia - tives have spurred legal and regulatory reforms in product safety, liability, and AI risk manage - ment. Coupled with recent EU legislation on cross-border collective actions and increased access to third-party litigation funding, these changes could significantly reshape product liability litigation across the whole of Europe, including Denmark.
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