This article examines the upcoming changes to product liability law in Poland and their implications for businesses and consumers.
Overview of the New Product Liability Framework
The European Union has recognised that existing consumer protection laws regarding dangerous products, which have been in place for 40 years, are outdated. As a result, a new directive on product liability will come into effect, requiring Poland to implement these changes by December 9, 2026. The proposed updates will expand the definition of a product to include not only physical items but also software, applications, and artificial intelligence. This shift means that manufacturers, importers, and online platforms could be held liable for damages caused by these products, which may include health risks and property damage.
Implications for Businesses and Consumers
With the new regulations, consumers will have enhanced rights when it comes to seeking compensation for damages caused by defective products. For instance, if a health-monitoring device fails to alert a user about a heart attack due to software malfunction, the user will have the right to sue the manufacturer for damages. Legal expert Ewa Rutkowska emphasises that these changes will significantly increase the burden of responsibility on businesses, requiring them to ensure that their products meet safety standards to avoid legal repercussions. This shift is expected to create a more equitable balance between consumer protection and business liability.
Changes to Legal Proceedings and Evidence Requirements
The new directive introduces mechanisms that simplify the process for consumers seeking compensation. One significant change is that manufacturers will be required to disclose relevant documentation and evidence during legal proceedings, which could previously be withheld. Furthermore, the law will establish a presumption of defectiveness for complex products, meaning that consumers may not need to provide extensive proof of a product’s flaws. Instead, they must demonstrate that the product did not meet established safety standards, thereby streamlining the path to compensation for injured consumers.
IN NUMBERS
As Poland prepares to implement these significant changes to product liability law, businesses must adapt to the new landscape to mitigate risks and ensure compliance. The enhanced protections for consumers represent a shift towards greater accountability in the marketplace, aligning with broader EU objectives for consumer rights.
Reported from rp.pl, 2026-08-26. The Tender Wire is published by Otnox.
