Article 10 — Burden of proof
Product Liability Directive, Directive (EU) 2024/2853
What does PRODUCT-LIABILITY Article 10 say?
Short answer, straight from the official text
1. Member States shall ensure that a claimant is required to prove the defectiveness of the product, the damage suffered and the causal link between that defectiveness and that damage. 2.
Source: Product Liability Directive, Directive (EU) 2024/2853, read 2026-10-13.
| In the act | EU 2024/2853 |
| CELEX | 32024L2853 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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1. Member States shall ensure that a claimant is required to prove the defectiveness of the product, the damage suffered and the causal link between that defectiveness and that damage.
2. The defectiveness of the product shall be presumed where any of the following conditions are met:
(a) the defendant fails to disclose relevant evidence pursuant to Article 9(1);
(b) the claimant demonstrates that the product does not comply with mandatory product safety requirements laid down in Union or national law that are intended to protect against the risk of the damage suffered by the injured person; or
(c) the claimant demonstrates that the damage was caused by an obvious malfunction of the product during reasonably foreseeable use or under ordinary circumstances.
3. The causal link between the defectiveness of the product and the damage shall be presumed where it has been established that the product is defective and that the damage caused is of a kind typically consistent with the defect in question.
4. A national court shall presume the defectiveness of the product or the causal link between its defectiveness and the damage, or both, where, despite the disclosure of evidence in accordance with Article 9 and taking into account all the relevant circumstances of the case:
(a) the claimant faces excessive difficulties, in particular due to technical or scientific complexity, in proving the defectiveness of the product or the causal link between its defectiveness and the damage, or both; and
The article continues in the official text.
Who does this apply to
The register names five roles. Open a role to see the duties this act places on it, each row with its article and its source.
Does this apply to us?
- Do ai governance rules apply to a manufacturer?
- Do personal data rules apply to a manufacturer?
- Do cross-border data rules apply to a manufacturer?
- Do cybersecurity rules apply to a manufacturer?
- Do health data rules apply to a manufacturer?
- Do online platforms rules apply to a manufacturer?
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The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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