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 5. Right to compensation
- 1.Member States shall ensure that any natural person who suffers damage caused by a defective product (the ‘injured person’) is entitled to compensation in accordance with this Directive.
- 2.Member States shall ensure that claims for compensation pursuant to paragraph 1 may also be brought by:
- (a)a person that succeeded, or was subrogated, to the right of the injured person by virtue of Union or national law or contract; or
- (b)a person acting on behalf of one or more injured persons by virtue of Union or national law.
Relevant Recitals for this Article
While Member States should provide for full and proper compensation for all material losses resulting from death or personal injury, or from damage to or destruction of property, and destruction or corruption of data, the rules on calculating compensation should be laid down by Member States. Furthermore, compensation for non-material losses resulting from damage covered by this Directive, such as pain and suffering, should be provided in so far as such losses can be compensated for under national law.
In so far as national law so provides, the right to compensation for injured persons should apply both to direct victims, who suffer damage directly caused by a defective product, and to indirect victims, who suffer damage as a result of the direct victim’s damage.