Litigation Rules and Culture: The European Perspective
Introduction
A survey of the rules and practice of product liability law in Europe shows patterns of similarity between countries, but not absolute consistency. European product liability laws have continued to vary despite implementation of the 1985 European Union (EU) Directive (the Directive) on product liability law, which was to have brought about “approximation” of the laws of Member States.
These discrepancies in European product liability laws reflect both current social and economic differences between member states and the unique history of each country’s legal system. Furthermore, the Directive itself reinforces some of these variables. For example, the provisions of the Directive are not exclusive of other remedies nor do they affect the rights of persons who were injured prior to its implementation. Also, the Directive preserves the laws of Member States with respect to limitation periods.
I will first list important aspects of product liability law in the Member States prior to implementation of the Directive. Next, I will discuss several important provisions of the Directive and their current state of implementation. Finally, I will use examples from my own experiences working to clarify the Directive to make a few predictions about the future of European liability litigation.
Suggested Reading
Wrecking Ball Disguised as Law Reform: ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes
Dee Pridgen∞ Abstract The consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power. The American Legislative Exchange Council (“ALEC”)
Consumer Protection and Tax Law: How the Tax Treatment of Attorney’s Fees Undermines the Fair Debt Collection Practices Act
Joanna Laine∞ Abstract Almost forty years after the passage of the Fair Debt Collection Practices Act (FDCPA), abusive debt collection practices continue to wreak havoc on the lives of low- and moderate-income Americans. The FDCPA aims to prevent these abuses
By the Courts, for the Bar: Judicial Exemption of Lawyers from the Scope of Consumer Protection Laws
State courts should reevaluate whether regulation of the bar is a purely judicial function and whether or not consumer protection statutes have a role to play.
Credit Reporting's Vicious Cycles
Luke Herrine∞ Abstract This article argues that, despite being the least discriminatory form of underwriting in history, consumer credit reporting can reinforce and deepen systemic inequalities. Credit reports can create two sorts of vicious cycles, which can contribute to cycles