The Impact of Risk Factors upon Liability for Defective Products

摘要

The amazing expansion of industrial output, but also the diversification and growth of the qualitative level of the products placed on the market, have caused an intense legal preoccupation with the general safety of products, in order to protect consumers' life, health and safety. The safety obligation which is in the charge of practitioners within the field makes so that they become responsible for the commercialization of defective products. Taken into account that practitioners aim on the one hand to produce and commercialize and consumers on the other to purchase products capable to meet some of the most diverse and complex needs, the role played by the science and technique is very important. Yet, technical progress is also about risks, not just benefits. From a legal perspective, ensuring an optimum balance between the investment in technical-scientific progress and consumers' protection represents a success of any lawmaker preoccupied with the efficiency of legal regulations within the field in question. For that purpose, the theme of the present study is represented by "the development risk", a notion which is typical to the field regarding liability for defective products.