Difetto di informazione e danno da prodotto

It is a theme of great actuality, in an period in which the debate about the discipline of the product liability has been revamp. Accomplice is the †œdefect of information†� which has been remained on the fringes of the jurisprudential casuistry, but suddenly has gone under the spot by imposing upon the attention of the Cassation Court (nr. 6007/2007 and 20985/2007), revealing interpretative issues which have a strong practical impacts in the product liability lawsuits. It derives the need to master the complex theme of the information defects under the profile of the †œdefect†� notion and of its evidence, as well as the effect of any lack of information on the producers liability. Moving from the analysis of the Directive and its implementation in Italy, the work identifies the key elements of this discipline and the boundaries set for the safeguard of the damaged, either on its interpretation and implementation, in order to make it less appealing of what it would look like. Accordingly it critically faces the assumptions dealt with the two judgements in 2007 either about the distribution between the parties of the burden of proof and the relevance of the information given by the manufacturer. Distinguishing query which wants to be answered is whether, and in which proportion, the †œinformation†� allows the manufacturer to be cleared up from liabilities. The work moves to explore the new scenarios offered by the interactions between the discipline of the †œproduct liability†� and the overall product safety which coexistence within the same body of product generic rules, raise new questions such as the subsistence of the producers liability for a †œcompliant†� product and the role of the information in case of non- defected and product.