Products Liability In Europe And The United States

Resumen

This article examines three linked questions which are considered key elements
for the confi guration of a products liability system. First, defect categories, i.e., manufactur-
ing defects, design defects, and insuffi cient warnings. Second, how to determine whether the
design of a product is defective. Two possibilities become available at this point: consumer
expectations test or risk-utility analysis. And, fi nally, whether to apply negligence or strict li-
ability in cases of damages caused by defective products.