ICLG: Product Liability 2017

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articleCreated with Sketch.3. April 2017

Partners Kyrre W. Kielland and Ole André Oftebro have written the Norwegian chapter on product liability in the International Comparative Legal Guide (15th Ed.)

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ICLG to Product Liability is "a practical cross-border insight into product liability work". It is published by Global Legal Group, in accosiation with CDR, with contributions from 27 national law practice jurisdictions.

 "1.1 What systems of product liability are available (i.e. liability in respect of damage to persons or property resulting form the supply of products found to be defective or faulty)? (...)

Depending on, inter alia, the type of product, cause of defect and type of damage, defective products are subject to various product liability systems under Norwegian law. 

Most importantly, the Norwegain Product Liability Act (the "PLA") imposes a statutory strict liability system in case of personal injury or damage to "personal" property caused by a defective product. With effect from 1 January 1994, the PLA was harmonised with the European Product Liability Directive 85/374/EEC (the "Product Liability Directive"). Consequently, Norway's system of strict liability for defective products will in most cases reflect the European product liability system. It is worth noting, however, that Norway maintains a separate system of liability for pharmaceauticals pursuant to the PLA Chapter 3.

Further, as a separate system of liability available in case of damage caused by defective products, Norwegian tort law generally aknowledges liability based on negligence (or intent). In certain circumstances, Norwegian tort law also allows for strict product liability based on case law. Such strict liability would theoretically only be available for damage that falls outside the scope of the PLA, i.e. damage to commercial property. Further, the conditions for such strict liability (as laid down in case law) would normally be hard to overcome for non-consumers. Consequently, recourse for damage to commercial property is rarely awarded unless the claimant is able to produce evidence of negligence. (...)"

Read the chapter here (pdf).

 

Ræder’s Product Liability team assists large Norwegian and international corporations within several industry sectors, e.g. electronics, insurance and groceries. They are experts within product control, product liability and pharmaceutical liability, and offers qualified legal assistance within, inter alia, the following areas:

  • Compliance: Ensuring that the client’s routines are in compliance with regulations
  • Negotiations: Ensuring that liability issues are appropriately dealt with in the supply contracts
  • Dispute Resolution: Ensuring correct and appropriate settlement in case of damage
  • Training: Ensuring that the client’s employees are familiar with applicable regulations

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