Article 10 › 2

The defectiveness of the product shall be presumed where any of the following conditions are met: (a) the defendant fails to disclose relevant evidence pursuant to Article 9(1); (b) the claimant demonstrates that the product does not comply with mandatory product safety requirements laid down in Union or national law that are intended to protect against the risk of the damage suffered by the injured person; or (c) the claimant demonstrates that the damage was caused by an obvious malfunction of the product during reasonably foreseeable use or under ordinary circumstances.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26