Article 18 — Derogation from development risk defence
Product Liability Directive, Directive (EU) 2024/2853
What does PRODUCT-LIABILITY Article 18 say?
Short answer, straight from the official text
1. Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the …
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 may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.
2. Member States may, by way of derogation from Article 11(1), point (e), introduce or amend in their legal systems measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
3. The measures referred to in paragraph 2 shall be:
(a) limited to specific categories of products;
(b) justified by public interest objectives; and
(c) proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.
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?
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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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