The matrix of non-contractual civil liability for damage caused by products with manufacturing defects, between the risk-benefit test and the test of legitimate expectations of the consumer

Abstract

The study aims at analysing the impact that the use of the risk-benefit test, respectively the test of legitimate expectations of the consumer has on the physiognomy of civil liability for damage caused by defective products, especially in terms of preserving the objective nature of this type of liability, detached from the element of culpable action or omission. Using the 'risk-benefit' balance, courts can specifically assess the defect of a product, including both narrow manufacturing defects and design defects, respectively deficiencies/omissions in offering correct and complete consumer information. The architecture of liability for defective products is strongly influenced by the jurisprudential option for the risk-utility test, with the possible association of the test results of legitimate expectations of consumers, which characterized the objective liability for defective products as a separate species of civil liability that perpetuates detachment from the criterion of fault or negligence of the manufacturer/importer of the product with manufacturing defects.