kennedys – Product liability: change is on the horizon in Europe

There is rarely a dull moment in global product liability litigation. The US continues to dominate discussion of mass torts, with products ranging from pharmaceuticals to automotives to chemicals continuing to generate class actions. The other side of the Pacific has also seen a growth in litigiousness, however, with the Australian courts in particular having dealt with an increasing number of substantial product liability related class actions in recent years. Closer to home, the UK and certain European jurisdictions have also seen an increase in product liability class action or group claims brought in respect of medical devices and pharmaceutical products, driven in part by the rise of litigation funders who see the promise of large returns.