Modern Theories of Product Warnings and European Product Liability Law

Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which r...

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Autor principal:	Thomas Verheyen
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	european product liability law defect warnings product information causation accident prevention Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/469deef041034c178581fecd31cac930
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spelling	oai:doaj.org-article:469deef041034c178581fecd31cac9302021-11-08T08:17:04ZModern Theories of Product Warnings and European Product Liability Law1871-515X10.36633/ulr.541https://doaj.org/article/469deef041034c178581fecd31cac9302019-12-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/541https://doaj.org/toc/1871-515XScholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented her from suffering harm. While much can be said in favour of a more refined approach to product warnings, these proposals are incompatible with many key characteristics of positive European product liability law as construed by the Court of Justice of the European Union. These scholars’ recommendations invite us to reconsider some of the features of European product liability law and decide upon a direction for the future.Thomas VerheyenUtrecht University School of Lawarticleeuropean product liability law defectwarningsproduct informationcausationaccident preventionLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 3, Pp 44-56 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	european product liability law defect warnings product information causation accident prevention Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	european product liability law defect warnings product information causation accident prevention Law in general. Comparative and uniform law. Jurisprudence K1-7720 Thomas Verheyen Modern Theories of Product Warnings and European Product Liability Law
description	Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented her from suffering harm. While much can be said in favour of a more refined approach to product warnings, these proposals are incompatible with many key characteristics of positive European product liability law as construed by the Court of Justice of the European Union. These scholars’ recommendations invite us to reconsider some of the features of European product liability law and decide upon a direction for the future.
format	article
author	Thomas Verheyen
author_facet	Thomas Verheyen
author_sort	Thomas Verheyen
title	Modern Theories of Product Warnings and European Product Liability Law
title_short	Modern Theories of Product Warnings and European Product Liability Law
title_full	Modern Theories of Product Warnings and European Product Liability Law
title_fullStr	Modern Theories of Product Warnings and European Product Liability Law
title_full_unstemmed	Modern Theories of Product Warnings and European Product Liability Law
title_sort	modern theories of product warnings and european product liability law
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/469deef041034c178581fecd31cac930
work_keys_str_mv	AT thomasverheyen moderntheoriesofproductwarningsandeuropeanproductliabilitylaw
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Modern Theories of Product Warnings and European Product Liability Law

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