Rewriting the Rules: The EU's New Product Liability Directive and What It Means for US Companies (On-Demand)
Recorded On: 09/23/2026
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What In-House Counsel Need to Know Before the Transposition Deadline
Member States have until December 2026 to transpose the Directive — but early action is critical!
The EU has rewritten the rules on product liability — and US companies whose products reach EU consumers or businesses, whether through direct sales, distributors, or online platforms, are squarely in scope. That scope is broader than many expect: Directive (EU) 2024/2853 replaces the 40-year-old 1985 regime with a markedly claimant-friendly framework that extends well beyond traditional manufacturing.
Join us for a practical, one-hour session built for in-house counsel who need to get ahead of this shift now, not after it takes effect.
What's changing, and why it matters:
- A broader definition of "product" — software, AI systems, and digital components are now squarely covered
- A wider net of liable parties — importers, authorized representatives, fulfillment providers, and platforms all face new exposure
- A lower bar for claimants — presumptions of defect and causation, paired with enhanced disclosure obligations, significantly ease the evidentiary burden
- Broader damages, narrower defenses — strict liability remains, but the playing field has shifted decisively toward claimants
- Amplified risk — collective actions and third-party litigation funding raise the stakes further
Generously Sponsored by CMS
This session is part of the Navigating the New Transatlantic Regulatory Divide: A Practical Guide for US and European Organizations.
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This program originally aired on September 23, 2026. Please note that the on-demand format of this program is NOT eligible for CLE/CPD credit.