For nearly four decades, EU regulations on liability for defective products were based on a 1985 directive. It was developed in an analog world—without the internet, online shopping platforms, or artificial intelligence. The digital era required a completely new legal framework. This framework has now been created.
The European Union has adopted Directive 2024/2853 on liability for defective products, replacing nearly forty years of legislation. The document was published on November 18, 2024, entered into force on December 8, 2024, and member states are required to implement it into national law by December 9, 2026. Importantly, no country can either relax or tighten these standards – for the first time, the rules for liability for defective products will be uniform across the EU.
Why didn't the old rules work?
To effectively pursue compensation under applicable law, the injured party must independently prove three things: the occurrence of the damage, the dangerous nature of the product, and the causal link between that property and the damage. It is sufficient to demonstrate that the product, when used normally, failed to provide the safety expected of it and caused the damage. The burden of proof is limited to demonstrating that the damage was caused by the product's dangerous nature.
Additionally, a €500 threshold applied – claims below this amount were practically excluded. For consumers with minor but significant damages, this meant no legal protection whatsoever.
Breakthrough: Presumptions and the Duty to Disclose Evidence
The new directive introduces two mechanisms that change the balance of power in court proceedings.
First, upon request by the injured party, the manufacturer will be obligated to disclose documentation and evidence relevant to the case. This will put an end to the ability to effectively conceal safety reports or internal test results. The court will be able to draw negative procedural consequences from refusing to disclose them.
Secondly, the directive introduces a rebuttable presumption of defect. In particularly complex technical or scientific cases, a court will be able to deem a product defective without the plaintiff having to provide detailed evidence. It will be sufficient to demonstrate that the product failed to meet safety standards or that its performance was manifestly deviant. The €500 threshold is also removed, paving the way for claims that previously had no chance of being pursued.
Digital products fall under the scope of responsibility
This change will have the greatest practical significance in the coming years. The directive explicitly covers intangible products: mobile applications, operating systems, and artificial intelligence-based solutions. If a faulty software update causes data loss or other tangible damage, the injured party will have a specific legal basis for pursuing claims. Damage to digital data is officially recognized as damage under the law.
Who Can Be Sued? Chain of Liability
The directive radically expands the scope of responsible entities. In addition to the manufacturer, liability may also be borne by: the importer, the distributor, the logistics service provider, the manufacturer's authorized representative in the EU, the provider of a related digital service, and in certain cases, the operator of a sales platform.
The practical implications of this change are enormous. The directive ensures that there will always be an entity registered in the EU against whom claims can be effectively brought—even if the manufacturer is based outside the EU. If a consumer purchases a product through an online platform from a foreign seller and suffers damage, the platform may be held liable—especially if the presentation of the offer suggests that they are the correct supplier.
Dates to remember
The injured party has three years to file a claim, counting from the moment they become aware of the damage, its cause, and the identity of the entity responsible. Manufacturers' liability generally expires ten years after the product is introduced to the market. An important exception: when health effects manifest themselves with a delay—as is the case, for example, with certain diseases or long-term exposure to harmful substances—this period may be extended to 25 years.
What does this mean in practice?
Poland has until December 2026 to implement the directive into national law. From that point on, anyone injured by a defective product—whether it's a household appliance, a medication, or a phone app—will have significantly more effective legal tools at their disposal. The burden of proof is shifting toward the manufacturer, formal requirements for injured parties are significantly reduced, and the list of entities from which compensation can be claimed is broader than ever before.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of May 20, 2026.
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