ICLG: Product Liability 2018

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articleCreated with Sketch.8. June 2018

Partners Kyrre W. Kielland and Ole André Oftebro have contributed the Norwegian chapter in the International Comparative Legal Guide to Product Liability (16th ed.).

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The guide is a cross-border insight into product liability work, published by Global Legal Group. Contributions are made from legal specialists from 26 national jurisdictions. It "provides corporate counsel and international practitioners with a comprehensive worldwide legal anaysis of the laws and regulations of product liability."

Read an excerpt:

"There have been no statutory amendments and few Norwegian product liability cases recently. 

More often than before, injured parties and insurance companies claim recourse for damage to property falling outside the scope of the PLA, e.g. damage to professional property, even when there is no proof of fault/negligence. We are not aware of any precedence relating to strict product liability for damage to professional property. On the contrary, in January 2016, the Court of Appeal aquitted a Norwegian distributor of household appliances after one of their products caused damage to a municipal apartment building. Being advised by Advokatfirmaet Ræder, the distributor and its insurer had acknowledged that the damage was caused by a defect in the product, but refused liability for any damage falling outside the scope of the PLA on the arguement that there was no proof of negligence on part of the distributor, a fact which was not contested. The Court of Appeal helt that the distributor was not liable on the basis of strict liability neither under the PLA nor case law." (p.184)

Read the full chapter on product liability in Norway here (the ICLG webpage).

 

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