PRODUCTS-LIABILITY IN FINLAND - A MAXIMALIST VERSION OF THE PRODUCTS-LIABILITY DIRECTIVE

The paper describes some features of the new Finnish Products Liability Act. The Act is mainly based on the EEC Directive on Products Liability from 1985. In implementing the directive, Finland has chosen a maximalist approach. Development risks as well as damages caused by primary agricultural products are covered by the Products Liability Act. In addition to this, the Finnish Act does not contain any threshold for damage to property corresponding to the threshold in art. 9 of the Directive. Damages caused by pharmaceuticals are compensated through a special semi-voluntary collective insurance scheme, covering both development risks and even some damage due to non-defective products. In the paper some arguments for these solutions are presented. The perspectives concerning the possibilities to retain these special features of Finnish law if Finland joins the European Economic Area are also touched upon. © 1991 Kluwer Academic Publishers.