Legislative Trends in Product Liability and Waste Disposal

Yukihiro Asami

Professor, Faculty of Law, Fukuoka University
(8-19-1, Nanakuma, Jonan-ku, Fukuoka 814-01 Japan)

Abstract

On July 25, 1985, The Council of the European Communities adopted a directive to order the Member States to provide for the no-fault product liability rules by laws, reglations or administrative provisions. This Directive led up to the world trends of no-fault product liability legislation. Product liability means the manufacturers' liability for the damages caused by the use of difective products. However, the damages would be caused not only by the use of products but also by the disposal of products. That is, the scope of product liability may extend to include the consumer risk of product disposal beyond the consumer risk of product use. In this article, it is intended to take a over view of the world trends of product liability legislation and to touch upon the manufacturers' liability for the damages caused by the disposal of products.

Key words: product liability, no-fault liability, defect, waste disposal, consumer protection