Extract
Sweden Product Liability.
1 What systems of product liability are available (i.e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty)? Is liability fault based, or strict, or both? Does contractual liability play any role?
Systems of product liability available in Sweden, as far as personal injury and damage caused to consumer property is concerned, exist in accordance with the 1992 Product Liability Act (PLA), which is based on the EC-directive 85/374/EEC. Liability under the PLA is strict, i.e. no finding of negligence on the part of the producer is required. The consumer need only prove that the injury occurred and that the product was defective. Certain special regulations specifically stipulate for the application of strict products liability, such as the Electricity Act, the Act on Inflammable and Explosive Goods, the Environmental Code and the Atom Liability Act. Furthermore, special regulations with special compensation schemes exist and will be dealt with underanswer 2 below. Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such relationshi...See the full content of this document
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