The landscape for product liability litigation in Ireland is changing. We have previously written about these developments, including Directive (EU) 2024/2853 on liability for defective products (Revised Directive), which came into force in December 2024 and must be transposed by EU Member States, including Ireland, by 9 December 2026.
In response to a recent parliamentary question, the Department of Enterprise, Trade and Employment indicated that the transposition deadline is expected to be met.
The Revised Directive will apply to products placed on the EU market or put into service after 9 December 2026, and manufacturers must prepare for a more stringent compliance environment. For products placed on the market before this date, the Liability for Defective Products Act 1991, which transposed Directive 85/374/EEC (Product Liability Directive), will continue to apply.
At the heart of the reform is a recognition that the traditional concept of "product" has evolved since the introduction of the Product Liability Directive in 1985. The Revised Directive reflects this by expanding the scope of product liability to include all product types, including raw materials, software and digital manufacturing files. A product is defective when it does not provide the safety that a person is entitled to expect from it or what is required under law.
Whether you are developing physical goods, software or digital manufacturing tools, we can help you navigate the legal changes to ensure your business is ready for the new regime before the December 2026 transposition date.
Contributed by Gail Nohilly
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
