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Software › Product Defects › Liability

Morrison & Foerster LLP

Software Gains New Status as a Product Under Strict Liability Law

Morrison & Foerster LLP on

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

Orrick, Herrington & Sutcliffe LLP

New EU Directive Modernizes Defective Product Liability to Address New Technologies

Orrick, Herrington & Sutcliffe LLP on

The EU Commission has adopted Directive (EU) 2024/2853, which implements a comprehensive overhaul of the 1985 Directive 85/374/EEC on defective product liability (“New PLD”). The new framework, which complements Regulation...more

Goodwin

EU Updates its Product Liability Regime: Important Considerations for Providers of AI Systems and Software

Goodwin on

The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more

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