On 28 September 2022, the EU Commission presented its proposal for a new directive to replace the EU Product Liability Directive 85/374/EEC. This directive is also the basis for the Swiss Product Liability Act(Produktehaftpflichtgesetz, PrHG / Loi fédérale sur la responsabilité du faits  produits, LRFP).

The proposal for a new Product Liability Directive (hereinafter: “New PLD”) was announced together with a separate proposal for a Directive liability rules to artificial intelligence (AI), which is intended to address the challenges faced by victims of AI-related harm in making claims and obtaining compensation, and which shall interact with the fault-based liability regimes of the EU Member States. However, it is not intended that the AI Liability Directive will overlap with the New PLD.

The text of the New PLD is not yet final and is open for feedback until 11 December 2022. However, if adopted in its current form, the New PLD would introduce significant changes to the existing product liability regime, primarily to ensure that product liability is fit for the 21st century. The proposals are likely to have a significant impact on product manufacturers and increase the potential for product liability litigation.