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Le Tutour Avocats accompagne ses clients dans la compréhension et la mise en œuvre du régime juridique applicable à la responsabilité du fait des produits dLe Tutour Avocats assists its clients in understanding and applying the legal framework governing liability for defective products in France and in the EU. This area of law aims to compensate consumers and users having suffered damages caused by products that present a defect.
Under French law, liability for defective products is governed by Articles 1245 and following of the French Civil Code, which transposed the European Directive 85/374/EEC. This Directive will be replaced by the Directive of 23 October 2024 on liability for defective products, which will be applicable to all products placed on the market as from 9Th December 2026.
After that date, only products placed on the market or put into service from December 9, 2026, will be subject to the new regime harmonized by Directive (EU) 2024/2853. Products placed on the market before that date will remain subject to the previous regime.
The current regime is based on a strict liability, meaning that the claimant does not have to prove fault on the part of the manufacturer to obtain compensation, but only the existence of a defect in the product, the damage suffered, and a causal link between the two.
A product is considered defective when it does not provide the safety that a person is entitled to expect, taking into account:
- its presentation (including information and warnings),
- the normal use for which the product is intended,
- and the date the product was put into circulation.
This standard covers manufacturing and design defects as well as failures to adequately inform consumers.
Liability may be engaged against professionals involved in the production, distribution, or sale of the product, including manufacturers, importers, and distributors.
For victims, this legal framework offers a powerful tool to obtain full compensation for bodily, material, or economic damages resulting from the use of a defective product, but is subject to strict time limitations.
Le Tutour Avocats supports clients in gathering technical evidence, preparing the case, pursuing amicable or judicial actions, and negotiating with insurers and liable parties.
If you are facing damages caused by a defective product, please contact Le Tutour Avocats to assess your rights and the next steps to take.