Product Liability and Safety 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers


INTRODUCTION
5

Contributed by Rod Freeman, Cooley LLP
5

AUSTRALIA
10

Law and Practice
10

Contributed by Clayton Utz
10

Trends and Developments
33

Contributed by Clayton Utz
33

CHINA
39

Law and Practice
39

Contributed by King & Wood Mallesons
39

DENMARK
60

Law and Practice
60

Contributed by Kennedys
60

FRANCE
70

Law and Practice
70

Contributed by LexCase
70

Trends and Developments
88

Contributed by LexCase
88

GERMANY
94

Law and Practice
94

Contributed by SZA Schilling, Zutt & Anschütz
94

Trends and Developments
111

Contributed by SZA Schilling, Zutt & Anschütz
111

GREECE
118

Law and Practice
118

Contributed by Bahas, Gramatidis & Partners
118

Trends and Developments
132

Contributed by Bahas, Gramatidis & Partners
132

INDONESIA
139

Trends and Developments
139

Contributed by Assegaf Hamzah & Partners
139

ITALY
146

Trends and Developments
146

Contributed by RASS – Studio Legale Rinaldi e Associati
146

JAPAN
153

Law and Practice
153

Contributed by Nagashima Ohno & Tsunematsu
153

Trends and Developments
172

Contributed by TMI Associates
172

NETHERLANDS
179

Law and Practice
179

Contributed by Claims Made Advocatuur
179

SOUTH KOREA
196

Law and Practice
196

Contributed by Kim & Chang
196

SPAIN
209

Law and Practice
209

Contributed by Faus Moliner
209

SWITZERLAND
228

Law and Practice
228

Contributed by Walder Wyss Ltd
228

Trends and Developments
247

Contributed by Walder Wyss Ltd
247

TÜRKIYE
256

Law and Practice
256

Contributed by Akin Legal
256

UK
269

Law and Practice
269

Contributed by Crown Office Chambers
269

Trends and Developments
293

Contributed by Crown Office Chambers
293

USA
298

Law and Practice
298

Contributed by Campbell Conroy & O’Neil, P.C.
298

Trends and Developments
318

Contributed by Shook, Hardy & Bacon LLP
318

1. Product Safety
13

1.1 Product Safety Legal Framework
13

1.2 Regulatory Authorities for Product Safety
13

1.3 Obligations to Commence Corrective Action
14

1.4 Obligations to Notify Regulatory Authorities
15

1.5 Penalties for Breach of Product Safety Obligations
16

2. Product Liability
19

2.1 Product Liability Causes of Action and Sources of Law
19

2.2 Standing to Bring Product Liability Claims
21

2.3 Time Limits for Product Liability Claims
21

2.4 Jurisdictional Requirements for Product Liability Claims
22

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
22

2.6 Rules for Preservation of Evidence in Product Liability Claims
23

2.7 Rules for Disclosure of Documents in Product Liability Cases
24

2.8 Rules for Expert Evidence in Product Liability Cases
24

2.9 Burden of Proof in Product Liability Cases
25

2.10 Courts in Which Product Liability Claims Are Brought
25

2.11 Appeal Mechanisms for Product Liability Claims
25

2.12 Defences to Product Liability Claims
26

2.13 The Impact of Regulatory Compliance on Product Liability Claims
27

2.14 Rules for Payment of Costs in Product Liability Claims
27

2.15 Available Funding in Product Liability Claims
27

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
28

2.17 Summary of Significant Recent Product Liability Claims
29

3. Recent Policy Changes and Outlook
30

3.1 Trends in Product Liability and Product Safety Policy
30

3.2 Future Policy in Product Liability and Product Safety
31

1. Product Safety
42

1.1 Product Safety Legal Framework
42

1.2 Regulatory Authorities for Product Safety
43

1.3 Obligations to Commence Corrective Action
43

1.4 Obligations to Notify Regulatory Authorities
45

1.5 Penalties for Breach of Product Safety Obligations
45

2. Product Liability
46

2.1 Product Liability Causes of Action and Sources of Law
46

2.2 Standing to Bring Product Liability Claims
48

2.3 Time Limits for Product Liability Claims
49

2.4 Jurisdictional Requirements for Product Liability Claims
49

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
49

2.6 Rules for Preservation of Evidence in Product Liability Claims
49

2.7 Rules for Disclosure of Documents in Product Liability Cases
49

2.8 Rules for Expert Evidence in Product Liability Cases
50

2.9 Burden of Proof in Product Liability Cases
50

2.10 Courts in Which Product Liability Claims Are Brought
51

2.11 Appeal Mechanisms for Product Liability Claims
52

2.12 Defences to Product Liability Claims
52

2.13 The Impact of Regulatory Compliance on Product Liability Claims
52

2.14 Rules for Payment of Costs in Product Liability Claims
53

2.15 Available Funding in Product Liability Claims
53

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
53

2.17 Summary of Significant Recent Product Liability Claims
54

3. Recent Policy Changes and Outlook
56

3.1 Trends in Product Liability and Product Safety Policy
56

3.2 Future Policy in Product Liability and Product Safety
58

1. Product Safety
63

1.1 Product Safety Legal Framework
63

1.2 Regulatory Authorities for Product Safety
63

1.3 Obligations to Commence Corrective Action
63

1.4 Obligations to Notify Regulatory Authorities
64

1.5 Penalties for Breach of Product Safety Obligations
64

2. Product Liability
64

2.1 Product Liability Causes of Action and Sources of Law
64

2.2 Standing to Bring Product Liability Claims
65

2.3 Time Limits for Product Liability Claims
65

2.4 Jurisdictional Requirements for Product Liability Claims
65

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
65

2.6 Rules for Preservation of Evidence in Product Liability Claims
65

2.7 Rules for Disclosure of Documents in Product Liability Cases
65

2.8 Rules for Expert Evidence in Product Liability Cases
66

2.9 Burden of Proof in Product Liability Cases
66

2.10 Courts in Which Product Liability Claims Are Brought
66

2.11 Appeal Mechanisms for Product Liability Claims
67

2.12 Defences to Product Liability Claims
67

2.13 The Impact of Regulatory Compliance on Product Liability Claims
67

2.14 Rules for Payment of Costs in Product Liability Claims
67

2.15 Available Funding in Product Liability Claims
67

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
68

2.17 Summary of Significant Recent Product Liability Claims
68

3. Recent Policy Changes and Outlook
68

3.1 Trends in Product Liability and Product Safety Policy
68

3.2 Future Policy in Product Liability and Product Safety
69

1. Product Safety
72

1.1 Product Safety Legal Framework
72

1.2 Regulatory Authorities for Product Safety
73

1.3 Obligations to Commence Corrective Action
73

1.4 Obligations to Notify Regulatory Authorities
74

1.5 Penalties for Breach of Product Safety Obligations
75

2. Product Liability
76

2.1 Product Liability Causes of Action and Sources of Law
76

2.2 Standing to Bring Product Liability Claims
78

2.3 Time Limits for Product Liability Claims
79

2.4 Jurisdictional Requirements for Product Liability Claims
79

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
80

2.6 Rules for Preservation of Evidence in Product Liability Claims
80

2.7 Rules for Disclosure of Documents in Product Liability Cases
80

2.8 Rules for Expert Evidence in Product Liability Cases
81

2.9 Burden of Proof in Product Liability Cases
81

2.10 Courts in Which Product Liability Claims Are Brought
82

2.11 Appeal Mechanisms for Product Liability Claims
82

2.12 Defences to Product Liability Claims
82

2.13 The Impact of Regulatory Compliance on Product Liability Claims
83

2.14 Rules for Payment of Costs in Product Liability Claims
83

2.15 Available Funding in Product Liability Claims
84

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
84

2.17 Summary of Significant Recent Product Liability Claims
85

3. Recent Policy Changes and Outlook
86

3.1 Trends in Product Liability and Product Safety Policy
86

3.2 Future Policy in Product Liability and Product Safety
87

1. Product Safety
97

1.1 Product Safety Legal Framework
97

1.2 Regulatory Authorities for Product Safety
98

1.3 Obligations to Commence Corrective Action
98

1.4 Obligations to Notify Regulatory Authorities
99

1.5 Penalties for Breach of Product Safety Obligations
100

2. Product Liability
100

2.1 Product Liability Causes of Action and Sources of Law
100

2.2 Standing to Bring Product Liability Claims
101

2.3 Time Limits for Product Liability Claims
102

2.4 Jurisdictional Requirements for Product Liability Claims
102

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
103

2.6 Rules for Preservation of Evidence in Product Liability Claims
103

2.7 Rules for Disclosure of Documents in Product Liability Cases
103

2.8 Rules for Expert Evidence in Product Liability Cases
104

2.9 Burden of Proof in Product Liability Cases
104

2.10 Courts in Which Product Liability Claims Are Brought
105

2.11 Appeal Mechanisms for Product Liability Claims
105

2.12 Defences to Product Liability Claims
106

2.13 The Impact of Regulatory Compliance on Product Liability Claims
106

2.14 Rules for Payment of Costs in Product Liability Claims
107

2.15 Available Funding in Product Liability Claims
107

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
108

2.17 Summary of Significant Recent Product Liability Claims
108

3. Recent Policy Changes and Outlook
109

3.1 Trends in Product Liability and Product Safety Policy
109

3.2 Future Policy in Product Liability and Product Safety
109

1. Product Safety
120

1.1 Product Safety Legal Framework
120

1.2 Regulatory Authorities for Product Safety
120

1.3 Obligations to Commence Corrective Action
121

1.4 Obligations to Notify Regulatory Authorities
121

1.5 Penalties for Breach of Product Safety Obligations
123

2. Product Liability
124

2.1 Product Liability Causes of Action and Sources of Law
124

2.2 Standing to Bring Product Liability Claims
125

2.3 Time Limits for Product Liability Claims
125

2.4 Jurisdictional Requirements for Product Liability Claims
125

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
125

2.6 Rules for Preservation of Evidence in Product Liability Claims
126

2.7 Rules for Disclosure of Documents in Product Liability Cases
126

2.8 Rules for Expert Evidence in Product Liability Cases
126

2.9 Burden of Proof in Product Liability Cases
127

2.10 Courts in Which Product Liability Claims Are Brought
127

2.11 Appeal Mechanisms for Product Liability Claims
127

2.12 Defences to Product Liability Claims
127

2.13 The Impact of Regulatory Compliance on Product Liability Claims
128

2.14 Rules for Payment of Costs in Product Liability Claims
128

2.15 Available Funding in Product Liability Claims
128

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
129

2.17 Summary of Significant Recent Product Liability Claims
130

3. Recent Policy Changes and Outlook
130

3.1 Trends in Product Liability and Product Safety Policy
130

3.2 Future Policy in Product Liability and Product Safety
131

1. Product Safety
156

1.1 Product Safety Legal Framework
156

1.2 Regulatory Authorities for Product Safety
157

1.3 Obligations to Commence Corrective Action
158

1.4 Obligations to Notify Regulatory Authorities
159

1.5 Penalties for Breach of Product Safety Obligations
159

2. Product Liability
160

2.1 Product Liability Causes of Action and Sources of Law
160

2.2 Standing to Bring Product Liability Claims
161

2.3 Time Limits for Product Liability Claims
162

2.4 Jurisdictional Requirements for Product Liability Claims
163

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
164

2.6 Rules for Preservation of Evidence in Product Liability Claims
164

2.7 Rules for Disclosure of Documents in Product Liability Cases
164

2.8 Rules for Expert Evidence in Product Liability Cases
165

2.9 Burden of Proof in Product Liability Cases
166

2.10 Courts in Which Product Liability Claims Are Brought
167

2.11 Appeal Mechanisms for Product Liability Claims
167

2.12 Defences to Product Liability Claims
167

2.13 The Impact of Regulatory Compliance on Product Liability Claims
168

2.14 Rules for Payment of Costs in Product Liability Claims
168

2.15 Available Funding in Product Liability Claims
168

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
169

2.17 Summary of Significant Recent Product Liability Claims
169

3. Recent Policy Changes and Outlook
169

3.1 Trends in Product Liability and Product Safety Policy
169

3.2 Future Policy in Product Liability and Product Safety
170

1. Product Safety
181

1.1 Product Safety Legal Framework
181

1.2 Regulatory Authorities for Product Safety
181

1.3 Obligations to Commence Corrective Action
182

1.4 Obligations to Notify Regulatory Authorities
183

1.5 Penalties for Breach of Product Safety Obligations
184

2. Product Liability
185

2.1 Product Liability Causes of Action and Sources of Law
185

2.2 Standing to Bring Product Liability Claims
186

2.3 Time Limits for Product Liability Claims
186

2.4 Jurisdictional Requirements for Product Liability Claims
187

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
187

2.6 Rules for Preservation of Evidence in Product Liability Claims
188

2.7 Rules for Disclosure of Documents in Product Liability Cases
188

2.8 Rules for Expert Evidence in Product Liability Cases
188

2.9 Burden of Proof in Product Liability Cases
188

2.10 Courts in Which Product Liability Claims Are Brought
189

2.11 Appeal Mechanisms for Product Liability Claims
189

2.12 Defences to Product Liability Claims
189

2.13 The Impact of Regulatory Compliance on Product Liability Claims
190

2.14 Rules for Payment of Costs in Product Liability Claims
190

2.15 Available Funding in Product Liability Claims
190

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
191

2.17 Summary of Significant Recent Product Liability Claims
192

3. Recent Policy Changes and Outlook
194

3.1 Trends in Product Liability and Product Safety Policy
194

3.2 Future Policy in Product Liability and Product Safety
195

1. Product Safety
199

1.1 Product Safety Legal Framework
199

1.2 Regulatory Authorities for Product Safety
199

1.3 Obligations to Commence Corrective Action
200

1.4 Obligations to Notify Regulatory Authorities
200

1.5 Penalties for Breach of Product Safety Obligations
201

2. Product Liability
201

2.1 Product Liability Causes of Action and Sources of Law
201

2.2 Standing to Bring Product Liability Claims
202

2.3 Time Limits for Product Liability Claims
202

2.4 Jurisdictional Requirements for Product Liability Claims
202

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
203

2.6 Rules for Preservation of Evidence in Product Liability Claims
203

2.7 Rules for Disclosure of Documents in Product Liability Cases
203

2.8 Rules for Expert Evidence in Product Liability Cases
203

2.9 Burden of Proof in Product Liability Cases
204

2.10 Courts in Which Product Liability Claims Are Brought
204

2.11 Appeal Mechanisms for Product Liability Claims
204

2.12 Defences to Product Liability Claims
204

2.13 The Impact of Regulatory Compliance on Product Liability Claims
205

2.14 Rules for Payment of Costs in Product Liability Claims
205

2.15 Available Funding in Product Liability Claims
205

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
205

2.17 Summary of Significant Recent Product Liability Claims
206

3. Recent Policy Changes and Outlook
206

3.1 Trends in Product Liability and Product Safety Policy
206

3.2 Future Policy in Product Liability and Product Safety
207

1. Product Safety
211

1.1 Product Safety Legal Framework
211

1.2 Regulatory Authorities for Product Safety
211

1.3 Obligations to Commence Corrective Action
211

1.4 Obligations to Notify Regulatory Authorities
212

1.5 Penalties for Breach of Product Safety Obligations
213

2. Product Liability
214

2.1 Product Liability Causes of Action and Sources of Law
214

2.2 Standing to Bring Product Liability Claims
215

2.3 Time Limits for Product Liability Claims
215

2.4 Jurisdictional Requirements for Product Liability Claims
215

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
216

2.6 Rules for Preservation of Evidence in Product Liability Claims
216

2.7 Rules for Disclosure of Documents in Product Liability Cases
217

2.8 Rules for Expert Evidence in Product Liability Cases
217

2.9 Burden of Proof in Product Liability Cases
218

2.10 Courts in Which Product Liability Claims Are Brought
219

2.11 Appeal Mechanisms for Product Liability Claims
219

2.12 Defences to Product Liability Claims
220

2.13 The Impact of Regulatory Compliance on Product Liability Claims
220

2.14 Rules for Payment of Costs in Product Liability Claims
221

2.15 Available Funding in Product Liability Claims
221

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
221

2.17 Summary of Significant Recent Product Liability Claims
222

3. Recent Policy Changes and Outlook
224

3.1 Trends in Product Liability and Product Safety Policy
224

3.2 Future Policy in Product Liability and Product Safety
226

1. Product Safety
230

1.1 Product Safety Legal Framework
230

1.2 Regulatory Authorities for Product Safety
230

1.3 Obligations to Commence Corrective Action
231

1.4 Obligations to Notify Regulatory Authorities
231

1.5 Penalties for Breach of Product Safety Obligations
232

2. Product Liability
232

2.1 Product Liability Causes of Action and Sources of Law
232

2.2 Standing to Bring Product Liability Claims
233

2.3 Time Limits for Product Liability Claims
234

2.4 Jurisdictional Requirements for Product Liability Claims
234

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
235

2.6 Rules for Preservation of Evidence in Product Liability Claims
236

2.7 Rules for Disclosure of Documents in Product Liability Cases
236

2.8 Rules for Expert Evidence in Product Liability Cases
237

2.9 Burden of Proof in Product Liability Cases
237

2.10 Courts in Which Product Liability Claims Are Brought
238

2.11 Appeal Mechanisms for Product Liability Claims
239

2.12 Defences to Product Liability Claims
239

2.13 The Impact of Regulatory Compliance on Product Liability Claims
240

2.14 Rules for Payment of Costs in Product Liability Claims
240

2.15 Available Funding in Product Liability Claims
240

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
241

2.17 Summary of Significant Recent Product Liability Claims
242

3. Recent Policy Changes and Outlook
243

3.1 Trends in Product Liability and Product Safety Policy
243

3.2 Future Policy in Product Liability and Product Safety
245

1. Product Safety
258

1.1 Product Safety Legal Framework
258

1.2 Regulatory Authorities for Product Safety
259

1.3 Obligations to Commence Corrective Action
260

1.4 Obligations to Notify Regulatory Authorities
261

1.5 Penalties for Breach of Product Safety Obligations
261

2. Product Liability
262

2.1 Product Liability Causes of Action and Sources of Law
262

2.2 Standing to Bring Product Liability Claims
262

2.3 Time Limits for Product Liability Claims
262

2.4 Jurisdictional Requirements for Product Liability Claims
263

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
263

2.6 Rules for Preservation of Evidence in Product Liability Claims
263

2.7 Rules for Disclosure of Documents in Product Liability Cases
264

2.8 Rules for Expert Evidence in Product Liability Cases
264

2.9 Burden of Proof in Product Liability Cases
264

2.10 Courts in Which Product Liability Claims Are Brought
265

2.11 Appeal Mechanisms for Product Liability Claims
265

2.12 Defences to Product Liability Claims
265

2.13 The Impact of Regulatory Compliance on Product Liability Claims
266

2.14 Rules for Payment of Costs in Product Liability Claims
266

2.15 Available Funding in Product Liability Claims
266

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
267

2.17 Summary of Significant Recent Product Liability Claims
267

3. Recent Policy Changes and Outlook
267

3.1 Trends in Product Liability and Product Safety Policy
267

3.2 Future Policy in Product Liability and Product Safety
268

1. Product Safety
272

1.1 Product Safety Legal Framework
272

1.2 Regulatory Authorities for Product Safety
274

1.3 Obligations to Commence Corrective Action
275

1.4 Obligations to Notify Regulatory Authorities
277

1.5 Penalties for Breach of Product Safety Obligations
278

2. Product Liability
279

2.1 Product Liability Causes of Action and Sources of Law
279

2.2 Standing to Bring Product Liability Claims
282

2.3 Time Limits for Product Liability Claims
282

2.4 Jurisdictional Requirements for Product Liability Claims
282

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
283

2.6 Rules for Preservation of Evidence in Product Liability Claims
284

2.7 Rules for Disclosure of Documents in Product Liability Cases
285

2.8 Rules for Expert Evidence in Product Liability Cases
285

2.9 Burden of Proof in Product Liability Cases
286

2.10 Courts in Which Product Liability Claims Are Brought
286

2.11 Appeal Mechanisms for Product Liability Claims
287

2.12 Defences to Product Liability Claims
287

2.13 The Impact of Regulatory Compliance on Product Liability Claims
288

2.14 Rules for Payment of Costs in Product Liability Claims
288

2.15 Available Funding in Product Liability Claims
288

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
289

2.17 Summary of Significant Recent Product Liability Claims
289

3. Recent Policy Changes and Outlook
290

3.1 Trends in Product Liability and Product Safety Policy
290

3.2 Future Policy in Product Liability and Product Safety
292

1. Product Safety
301

1.1 Product Safety Legal Framework
301

1.2 Regulatory Authorities for Product Safety
303

1.3 Obligations to Commence Corrective Action
303

1.4 Obligations to Notify Regulatory Authorities
304

1.5 Penalties for Breach of Product Safety Obligations
306

2. Product Liability
307

2.1 Product Liability Causes of Action and Sources of Law
307

2.2 Standing to Bring Product Liability Claims
309

2.3 Time Limits for Product Liability Claims
309

2.4 Jurisdictional Requirements for Product Liability Claims
309

2.5 Pre-Action Procedures and Requirements for Product Liability Claims
310

2.6 Rules for Preservation of Evidence in Product Liability Claims
310

2.7 Rules for Disclosure of Documents in Product Liability Cases
311

2.8 Rules for Expert Evidence in Product Liability Cases
311

2.9 Burden of Proof in Product Liability Cases
312

2.10 Courts in Which Product Liability Claims Are Brought
312

2.11 Appeal Mechanisms for Product Liability Claims
313

2.12 Defences to Product Liability Claims
313

2.13 The Impact of Regulatory Compliance on Product Liability Claims
314

2.14 Rules for Payment of Costs in Product Liability Claims
314

2.15 Available Funding in Product Liability Claims
314

2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims
315

2.17 Summary of Significant Recent Product Liability Claims
315

3. Recent Policy Changes and Outlook
316

3.1 Trends in Product Liability and Product Safety Policy
316

3.2 Future Policy in Product Liability and Product Safety
317

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