WWW.LAWYER-MONTHLY.COM 53 have the seller’s liability recognised will be interpreted more strictly than they were up until now, given this significant extension of the time during which buyers can file a claim for alleged defects. How important is risk management and product testing in building a strong defence for companies facing potential liability? Having a risk management and product testing approach to any product design years from the day on which the defect was discovered. However, a debate remains regarding the timeline after the sale occurred that would allow a consumer to raise the hidden defect argument. The French Supreme Court ruled in three decisions (nos. 20-10.763; 21-17.789; 21-19.936) that it considers the second applicable limitation period to be 20 years from the day of sale. As if it felt it had to positively justify this significant extension, the French Supreme Court stated that the purpose of the 20-year limitation period is to avoid a situation where the seller’s liability could be sought “indefinitely”. Case law will tell if the other criteria to and launch has always been key in building a strong defence in case a company is sued on the grounds of a product defect. It will be even more important in the scope of the new Product Liability Directive, which should enter into force in 2026. Indeed, the new Product Liability Directive seeks to rebalance the burden of proof between consumers and manufacturers by recognising the growing complexity of products. Unlike the 1985 Directive, which placed the burden of proof on the claimant, the new Product Liability Directive increasingly shifts this burden to manufacturers. This shift poses significant challenges for manufacturers, as they may be required to disclose relevant information and face various presumptions based on product complexity. As such, the new Product Liability Directive introduces an obligation for manufacturers to disclose relevant evidence, aimed at correcting the imbalance of information between consumers and manufacturers. This new The challenges we are facing in defending against product liability claims in France are quite similar to what companies will face in all jurisdictions in the EU.
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