a product is considered to be defective when it does not provide the safety which a person is entitled to expect taking all circumstances into account, including the presentation of the product and the time that the product was put into circulation
Approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property.
