54 LAWYER MONTHLY NOVEMBER 2024 requirement emphasises that claimants should have access to the necessary evidence to support their claims, with the potential for disclosure serving private interests. However, this may also complicate proceedings, potentially lengthening cases and starting disputes over what constitutes necessary evidence. Furthermore, manufacturers will have to present disclosed evidence in a manner that is “easily accessible and easily understandable”, raising questions about the standards for this simplification. The vague criteria may lead to extensive litigation over what constitutes accessibility and comprehension, ultimately complicating the proceedings further. This requirement could burden manufacturers, who may find it challenging to simplify technical information without distorting its essential meaning. More importantly, the new Product Liability Directive introduces indirect penalties for failure to comply with disclosure obligations, primarily through the reversal of the burden of proof in favour of the claimant. This can occur even if the defendant meets their disclosure requirements, particularly in cases of technical complexity. These new presumptions significantly shift the balance of power towards claimants, raising concerns about the fairness of the liability framework and its implications for manufacturers navigating claims. To summarise, the new Product Liability Directive aims to create a presumption of defect in the product if the manufacturer does not disclose easily accessible and easily understandable data about its product, subject to the additional condition that the data do not demonstrate that the matter is excessively complex. Manufacturers must therefore now work hard on compiling data that will meet the new Product Liability Directive’s requirements, or it will be very hard to win cases in the European Union. What role do crossborder disputes play in product liability cases, especially with the increasing global nature of commerce? Cross-border disputes are very standard now when it comes to product liability cases. This is because it is very rare for a product to be sold in only one jurisdiction. When it comes to a product safety issue, the cross-border approach exists from the very beginning with the Safety Gate Cross-border disputes are now quite common in product liability cases, as it is rare for a product to be sold in only one jurisdiction. This interconnectedness demands that manufacturers be aware of multiple regulatory environments.
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