Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Product Liability Directive
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 4
CHAPTER II
SPECIFIC PROVISIONS ON LIABILITY FOR DEFECTIVE PRODUCTSArticles 5 — 11
CHAPTER III
GENERAL PROVISIONS ON LIABILITYArticles 12 — 17
CHAPTER IV
FINAL PROVISIONSArticles 18 — 24
ANNEXES
PLD Article 13. Reduction of liability
- 1.Without prejudice to national law concerning rights of contribution or recourse, Member States shall ensure that the liability of an economic operator is not reduced or disallowed where the damage is caused both by the defectiveness of a product and by an act or omission of a third party.
- 2.The liability of an economic operator may be reduced or disallowed where the damage is caused both by the defectiveness of the product and by the fault of the injured person or any person for whom the injured person is responsible.
Relevant Recitals for this Article
Situations can arise in which the acts and omissions of a person other than a potentially liable economic operator contribute, in addition to the defectiveness of the product, to the cause of the damage suffered, such as a third party exploiting a cybersecurity vulnerability of a product. In the interests of consumer protection, where a product is defective, for example due to a vulnerability that makes the product less safe than the public at large is entitled to expect, the liability of the economic operator should not be reduced or disallowed as a result of such acts or omissions by a third party. However, it should be possible to reduce or disallow the economic operator’s liability where injured persons themselves have negligently contributed to the cause of the damage, for example where the injured person negligently failed to install updates or upgrades provided by the economic operator that would have mitigated or avoided the damage.