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. The Directive gives a very wide definition of producer so that it includes not just the manufacturer of the product, but also the person who places his own name or trade mark on the product thereby presenting himself as its producer. A supplier of the product is also considered to be its producer but he can escape liability if he is able to identify the person who supplied him or the manufacturer.
