Country:
France
Court:
Cour de cassation, 1re civ., 3 March 1998, pourvoi n° 96-12.078; Bull. civ. I, 1998 nº 95, p. 63
Topics:
Contractual liability
Liability of the producer
Development risk defence
Articles:
Facts:
A drug, Kaléorid, was produced with a non-digestible exterior which enabled the contents to be slowly released once swallowed. However, pill became blocked in the claimant patient's iliac fossae, causing a severe internal abscess. The Court of Appeal had ruled in favour of the claimant's request for compensation.
Legal questions:
Was the Court of Appeal justified in finding the defendant liable?
Decision:
Yes. The producer has a duty to deliver a product exempt from any defect capable of creating danger for individuals or property, that is to say a product offering security that a person is legitimately entitled to expect. Since the patient's injury was due to the particular characteristics of the product, the Court of Appeal has legally justified its decision.
Comments:
The Cour de Cassation here delivered a significant judgment which explicitly followed the wording of the Product Liability Directive (i.e. Art. 6), only a few months before its implementation in France. The court held that the producer is under a 'safety duty' when selling a product, such safety being that 'which a person is legitimately entitled to expect.'
The Cour de Cassation had thus to some extent remedied the inaction of the legislator in failing to implement the Product Liability Directive.
