The Allocation of the Burden of Proof in the Area of Producer Responsibility

In the hypothesis of civil liability for defective products, as regulated by the P.D. 24/05/1988, n. 244, the injured party should prove the damage, the causal link between the use of the product and the damage, and that the use of the product was the cause of similar damages, contrary to common expectations, that is, the product when used was defective and did not provide the security that the consumer may expect from it, taking into account all the circumstances. It is the producer who should prove that the defect did not exist when the product was put on the market (in this case, deflation of a breast implant which took place just two years after being inserted into the injured party's body.