Product liability
Product liability
Product liability
Product liability
Product liability
Product liability
Product liability and product safety are an integral part of society. Even if the risks are kept to a minimum, it often happens that something goes wrong with the delivery of a product.
On the basis of the European directives that have been transposed into Belgian law, the person injured by a defective product that is dangerous or unsafe has the possibility to bring an action against anyone in the chain. This is because liability is not limited to the manufacturer of a finished product, but also extends to the producer of a raw material and to the importer of a product manufactured outside the European Community.
With the introduction of these European directives, the rules on product liability and general product safety have been considerably tightened up, which means that more companies are required to comply with the rules on product and market safety. This regulation and the international nature of many of these discussions mean that the legal issues surrounding this issue are often complex.
However, difficult issues can also arise in the context of a product recall. In addition to reputation damage, product recall actions can have major financial consequences for a company. It is therefore logical that companies should consider this first, before they actually proceed with a report or product recall.
When a recall plan has been drawn up, it must of course be sufficiently complied with. It is recommended that framework agreements between manufacturers, importers and distributors anticipate these future problems. This can be done, inter alia, by defining mutual responsibilities for assistance in the recall plan and the framework contracts, and by defining the financial conditions in the case of an action.
Leeward assists manufacturers and their insurers, but also importers and suppliers and their insurers in this area.