Product Liability Directive: Disclosure of Evidence, the Burden of Proof and Presumptions

Abstract On 12 March 2024, the European Parliament adopted in first reading the Product Liability Directive, adding substantial amendments to the European Commission’s proposal of 2022. The aim of the reform is to adapt the famous 1985 Product Liability Directive to the digital age and make it easier for consumers to enforce their rights in court. It notably introduces a duty of disclosure and various alleviations of the burden of proof. The present paper describes the proposed rules on disclosure of evidence and presumptions, charts the changes between the Commission’s proposal in 2022 and the Parliament’s adoption in 2024, and attempts to assess whether the new product liability regime will meet the challenges of its time and be a game changer in helping consumers enforce their rights.