Year: 2025
Type: article
Abstract: The tort liability for breach of the product follow-up observation obligation should be different from the traditional product liability, and should be positioned as a relatively independent liability, so as to strengthen the producer's initiative to take measures to prevent damage, and realize the dual remedy path of paying equal attention to damage compensation and damage prevention with product liability. In the principle of imputation, in view of the drawbacks of the principle of no fault and the adverse risk of the victim's proof under the principle of fault, the principle of presumption of fault should be adopted. The general defense is applicable to the tort liability for breach of the obligation to observe the follow-up of the product, while the bulk seller theory and development risk defense in the special defense are not applicable. The product follow-up observation obligation only reasonably limits the scope of application of the development risk defense to the product liability exemption.
Source: Science of Law Journal
Author: Chen Xuanxuan
Institution: China Jiliang University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413026379