Development risks: Definition under European Union law and justification for implementation in Serbian law

Abstract

This paper analyses one of the most important and current issues related to the liability of the defective product producer, given that this form of liability has gained importance as a result of the development of consumer rights, the emphasis being on development risks as one of the bases for the exoneration of the producer as a responsible person. After a brief presentation of the liability of the producer of the defective product, the focus of the paper shifts to the institution of development risks, which is presented first from the aspect of the Directive on Liability for Defective Products in which it first appeared, while analysing the views of the European Court of Justice and all open issues thereof, as well as the recognition of its advantages and disadvantages. The final chapters of the paper examine whether development risks alter the legal nature of the producer's liability, i.e. whether they lead to the penetration of subjective elements into his traditionally objective liability, and analyse the justification for introducing this institution into the Serbian legislation, with the identified advantages and disadvantages.

Keywords

• objective (strict) liability of the producer
• defective product
• unknowable defects
• level of scientific and technical knowledge