International civil liability for damage caused by a surgical product

Abstract

The aim of this paper is to analyze from the perspective of civil liability for defective products the legal problems that arise from a private international law perspective but also material when the product that causes the damage is a surgical robot. Thus, one of the key aspects in this work will be Directive 85/374/EEC, which will allow us to ask ourselves questions that highly technological products present such as if the concept of product in that Directive would also include robots or mere software. One of the problems of this litigation is the victim does not know who to sue or why or in what country. With this work pursued to give answers to these questions in attention to the norms of European private international law.