Product Liability and Warranty Litigation in Italy

In Italy, product liability claims may be grounded on three main legal regimes:

• Italian Consumer code;
• contractual liability;
• tort liability.

Italian Consumer code

The primary framework for product liability is set out in the Italian Consumer code (Legislative Decree No. 206/2005), which is a consolidated act collecting the domestic laws implementing into the Italian legal system all EU consumer legislation and regulating all aspects of consumer protection, including general product compliance, advertising and labelling, consumer contracts and unfair commercial practices, safety and quality of products, access to justice. 

In particular, Articles 114-127 of the Italian Consumer code are the transposition into the Italian legal system of the rules contained in the EU General Product Safety Directive (Directive 2001/95/EC).

Under this regime, the producer is liable for the damage caused by a defective product, regardless of its fault; liability is, therefore, strict.

This regime is mandatorily applicable in B2C relationships.

Contractual liability

Product liability claims may also arise under contract law, where a contractual relationship exists between the parties (typically between seller and buyer in the context of a sale contract). The main provisions are contained in the Italian Civil code and, in particular, Article 1490, pursuant to which the seller warrants that the goods sold are free from defects that render them unfit for their intended use or that significantly reduce their value. Liability under this provision arises solely from the existence of a defect, irrespective of the seller’s fault or negligence and the buyer is not required to prove any culpable conduct on the part of the seller, but only the presence of the defect and its pre-existence at the time of delivery. Unlike consumer protection rules, liability under Article 1490 of the Italian Civil code is not mandatory and may be contractually limited or excluded, subject to the statutory prohibition of exclusions in cases where the seller has fraudulently concealed known defects. This regime typically applies in B2B relationships.

Tort liability

Product liability claims in Italy may also arise from tort liability, irrespective from the existence of a contractual relationship between the parties.

The primary legal basis is Article 2043 of the Italian Civil code, which establishes the general principle of liability for unlawful acts causing damage (neminem laedere). Under this provision, any intentional or culpable act that causes unjustified damage to another party obliges the person who committed it to compensate damages.

Liability under Article 2043 is therefore fault-based, requiring the claimant to prove: (i) the existence of an unlawful act or omission, (ii) the fault - intent or negligence, (iii) the damage, and (iv) a causal link between the conduct and the damage.

In addition, in specific circumstances, product-related damages may fall within the scope of Articles 2050 of the Italian Civil code, regulating dangerous activities. In particular, under Article 2050, anyone causes a damage in the execution of a dangerous activity shall compensate damages unless proves to have implemented all necessary precautions to avoid the damage; such liability regime entails a partial or total reversal of the burden of proof.

The definition of “product” is different based on the legal regime that is applied. In particular:

• based on the Italian Consumer code (Article 115), a “product” is any movable item, even if incorporated into another movable or immovable item, included electricity. In addition, following the implementation of EU Directive on sales of goods no. 2019/771, a specific regime on digital content and digital services has been introduced into the Italian Consumer code (Articles 135-octies et seq.); under this regime, (which, however, does not constitute a strict product liability regime but operates as a warranty regime), goods are also any tangible movable items that incorporate or are inter-connected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions;
• based on the Italian Civil code:
  • from a contractual standpoint and, in particular under Article 1490, “product” is not autonomously defined, but may corresponds to the “purchased item”. Under this regime, liability may apply to both movable and immovable goods;
  • from a tort liability standpoint, Italian law does not provide for an autonomous definition of “product”. Liability under Articles 2043 et seq. of the Italian Civil code is not product-based, but damage-based, and may arise irrespective of whether the harmful item qualifies as a “product” under the Italian Consumer code or as a “purchased item” under contract law. As a result, tort liability may apply in relation to damage caused by both tangible and intangible elements, provided that the requirements of fault, damage and causation are met.

Italian Consumer code

As a general rule, standing in product liability and warranty claims is granted to consumers that are generally defined as “any natural person acting for purposes which are outside his or her trade, business, craft or profession.” 

That being said, under the statutory product liability regime set out in the Italian Consumer code, claim for damages caused by a defective product can be started by any injured consumer i.e. any consumer directly affected from the defect of the product, who have suffered an alleged damage. In addition, claims can be brought also by consumers associations, in particular for the protection of collective and homogeneous consumer interests.

With regard to the warranty claims, under Articles 128–135septies of the Italian Consumer code, standing is limited to the consumer who purchased the item who may assert remedies exclusively against the seller. 

Contractual claims

Standing to bring contractual claims depends on the existence of a contractual relationship. Under Article 1490, only the buyer has standing to bring a warranty claim against the seller, as the warranty for defects is an ancillary obligation arising from the sale contract. Third parties who are not parties to the contract do not have standing to rely on Article 1490 Civil code and must instead rely on tort liability.

Tort liability

Under Article 2043, any person who has suffered unjust damage as a result of a defective or dangerous product has standing to bring a claim, regardless of any contractual relationship. This definition is broader, as it might include users and any third party injured by the product.

Claims on behalf of deceased individuals

Claims arising from statutory product liability, warranty, or tort may, in principle, be pursued following the death of the injured person but a distinction must be made between:

• transmissible claims: heirs may bring claims that the deceased could have asserted, such as economic losses or damages such as moral harm suffered by the deceased that arose before death, in accordance with the rules on succession; and
• non-transmissible claims: the right of the deceased party to a compensation for the loss of life, is not transmissible; however, close relatives may bring autonomous claims under Article 2043 Civil code for damages suffered by them resulting from the death, including loss of familial relationship or other personal non-material harm. 

Under Italian law, the types of damages that may be recovered in relation to defective products generally include both material (pecuniary) and non-material (non-pecuniary) losses.

Material damages arise when the harm is directly to the economic assets of the injured party and include both the actual loss and loss of profit. In particular, “actual loss " is defined as the immediate and direct consequences of the damage, that caused the monetary loss (e.g. expenses incurred to repair or replace the defective product, medical costs, etc.) ;instead, the " loss of profit" represents the reduced possibility to gain profits, i.e. the profits that the damaged person will not secure or add to its personal income as a direct cause of the injury. This means that all the future incomes which are going to be lost because of the accident shall be compensated, both those that have already taken place and those which will take place in the future.

Italian law also recognises non-material damages, which may include personal injury, moral and emotional harm, loss of life enjoyment or quality of life. Such non-material damages are recoverable provided that they are specifically alleged and proven by the claimant, and that a direct causal link between the defect and the non-material harm. They are not presumed and must be assessed by the court on a case-by-case basis.

Under the Italian legal system, the definition of “defective product” may vary based on the liability regime activated.

Pursuant to Article 117 of the Italian Consumer code, a product is considered defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account.

In particular, the assessment of defectiveness must consider:

• the presentation of the product, including instructions, warnings and labelling;
• the reasonably expected use of the product;
• the time when the product was put into circulation.

In the context of contractual liability, Article 1490 Civil code states that a product is considered defective when it is affected by defects that render it unfit for its intended use or significantly reduce its value. The definition of defect under Article 1490 is therefore functional and economic, rather than safety oriented.

Conversely, under tort liability, there is not an autonomous definition of defective product, as liability is not based on the defect as such, but on the existence of an unlawful and culpable conduct, a damage and a causal link between the conduct and the damage.

Italian Consumer code 

According to Article 120 of the Italian Consumer code, the consumer shall give evidence of the defect of the product, the damage suffered, and the causal connection between the defect and the damage. The burden of proof cannot be reversed, and the consumer is not required to prove the fault or negligence of the producer, as liability is strict.

On the other hand, producer must give evidence of the facts that can exclude liability, namely:

• that he did not place the product on the market;
• that the defect that caused the damage probably did not exist when the manufacturer placed the product on the market;
• that the producer did not manufacture the product for sale or any other form of economic distribution, nor did he manufacture or distribute it in the course of his professional activity;
• that the defect is due to the product's compliance with a mandatory legal norm or binding measure;
• that the state of scientific and technical knowledge, at the time the producer placed the product on the market, did not yet allow the product to be considered defective; 
• in the case of the manufacturer or supplier of a component part or raw material, that the defect is entirely due to the design of the product into which the part or raw material was incorporated or the conformity of it with the instructions given by the manufacturer who used it.

Contractual liability

In contractual liability, the burden of proof lies with the buyer, who must demonstrate: (i) the existence of the defect; (ii) that the defect existed at the time of delivery and (iii) the impact of the defect on usability or value.

Once these elements are proven, the seller is liable regardless of fault, unless it proves that the buyer was aware of the defect or that the defect was easily recognizable and the buyer failed to report it.

The burden of proof may be mitigated through presumptions, especially where the defect manifests shortly after delivery.

Tort liability

Under tort liability (Article 2043) the burden of proof lies entirely with the claimant, who must prove: (i) the wrongful or negligent conduct; (ii) the damage; (iii) the causal link and (iv) the culpable element. Courts may rely on factual presumptions in situations where the technical complexity of the product makes direct proof particularly difficult. 

However, certain specific liability regimes entail a partial or total reversal of the burden of proof. In particular, under Article 2050 of the Italian Civil code, anyone who causes damage in the exercise of a dangerous activity is liable unless they prove that they adopted all appropriate measures to prevent the damage; therefore, once the claimant has proven the damage and the causal link with the activity, the burden shifts to the defendant to demonstrate the absence of fault. 

Under the statutory product liability regime set out in the Italian Consumer code, a product is considered defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account. In assessing defectiveness, courts consider in particular the presentation of the product (including labelling, instructions and warnings), the reasonably foreseeable use of the product and the time when the product was put into circulation. Compliance or non-compliance with regulatory requirements, technical rules and safety standards is highly relevant but not per se decisive. Breaches of mandatory safety regulations or harmonised EU standards may constitute strong evidence of defectiveness, while compliance with such standards does not automatically exclude liability if the product still fails to meet the level of safety reasonably expected.

Under contractual liability, defectiveness is assessed in terms of lack of conformity or unfitness for ordinary or agreed use, whereas under tort liability defectiveness is assessed indirectly, through the verification of unlawful conduct, namely whether the damage was caused by a negligent or imprudent behaviour in the design, manufacture, marketing or information provided in relation to the product.

Under the statutory product liability regime set out in the Italian Consumer code, liability for defective products primarily rests with the producer, including:

• the manufacturer of the finished product or of a component part;
• the producer of raw materials;
• any person who presents themselves as producer by affixing their name, trademark or other distinguishing sign on the product;
• the importer of a product into the EU for the purpose of sale, lease or any form of distribution in the course of business.

In addition, where the producer cannot be identified, the supplier of the product is liable if they fail to inform the injured party, within a reasonable time, of the identity of the producer or of the person who supplied them with the product. In such cases, liability is therefore extended to distributors and retailers on a subsidiary basis.

Under contractual liability, the seller is directly liable towards the buyer for defects of the sold items and, if the seller is not also the producer, has right of recourse against the producer.

Under tort liability, any entity within the supply chain may be held liable if their own negligent or unlawful conduct contributed to causing the damage, including manufacturers, importers, distributors or service providers involved in the marketing, storage or installation of the product.

Where multiple parties are responsible for the same damage caused by a defective product, Italian law generally applies the principle of joint and several liability towards the injured party. In particular, according to the right of recourse principle, liability is internally apportioned according to each party’s degree of fault and causal contribution; where this cannot be determined, liability is presumed to be equally shared.

Italian Consumer code

Under the Italian Consumer code, the producer may object a cause of exclusion of liability if it proves that:

• it did not put the product into circulation;
• the defect did not exist at the time the product was put into circulation;
• the product was neither manufactured nor distributed for economic purposes, nor in the course of business;
• the defect is due to compliance of the product with mandatory regulations or binding measures;
• the state of scientific and technical knowledge at the time when the product was put into circulation was not such as to enable the existence of the defect to be discovered.

Contractual liability and warranty

Under contractual liability, the seller may invoke defences such as:

• the absence of a defect or lack of non-conformity;
• the buyer’s prior knowledge of the defect or the defect being easily recognizable, pursuant to Article 1491 of the Italian Civil code;
• buyer’s failure to comply with statutory time limits for notice of defects or for bringing the action;
• contractual limitations or exclusions of warranty, to the extent permitted by law.

Tort liability

Under tort liability the defendant may avoid liability by contesting that the causal nexus has been interrupted due to a conduct of the harmed party, by raising one or more of the following objections:

• the existence of unlawful and negligent conduct;
• the causal link between the conduct and the damage;
• the existence or quantification of the damage.

In addition, general defenses such as fortuitous events or force majeure may be invoked, where applicable.

Italian Consumer code

Liability for defective products cannot be excluded or limited in B2C relationships. Any clause aimed at excluding or reducing the producer’s strict liability towards consumers is null and void. Similarly, in B2C relations legal warranties cannot be excluded or limited. 

Contractual liability

Contractual limitation or exclusion of liability is generally permitted, provided that the clause is expressly agreed upon, clear and does not infringe mandatory law. Parties may limit damages to the value of the product or exclude indirect and consequential damages, although liability for gross negligence or intentional misconduct cannot be waived. 

Tort liability

Liability for gross negligence or intentional wrongdoing cannot be excluded or limited. Parties may, however, agree to limit liability for ordinary negligence in certain contexts (particularly in B2B relationships), provided such limitations do not violate public order or mandatory safety rules.

Italian Consumer code

The limitation period is three years from the day in which the injured party has become or should have become aware of the damage, the defect and the identity of the liable party; in the case of worsening of the damage, the limitation period does not begin to run until the day on which the injured party had, or should have had, knowledge of a damage of sufficient severity to justify the bringing of an action.

B2C claims related to the legal warranty can be brought within 26 months from delivery of the item or 1 year if the purchased item was second-hand.

Contractual liability

Under contractual liability, the buyer loses the right to remedies if they do not notify the seller of defects within eight days from their discovery, unless a different period is agreed or provided by law. Notification is not required if the seller has acknowledged the defect or concealed it. In any case, the action prescribes one year from delivery.

Tort liability

Under tort liability the general statutory limitation period is five years from the day the injured party became aware of the damage and the identity responsible party.

In Italy, product liability claims may overlap with contractual warranty claims, particularly in B2C relationships.

Under Article 1490 of the Italian Civil code, the seller is responsible for defects of the sold item that render it unfit for the intended use or substantially reduce its value, even if the seller was unaware of them. This warranty is implied by law and does not require a separate contractual agreement.

In B2C transactions, the Italian Consumer code (Articles 128–135) further strengthens this protection by providing mandatory rights for the buyer in case of non-conformity of the goods with the contract, including repair, replacement, price reduction, or termination of the contract. These statutory warranties are considered implied by law and cannot be excluded or limited in consumer contracts.

In B2B transactions, implied warranties under the Italian Civil code still apply, but parties may freely agree to limit or exclude them.

Remedies for defects or non-conformity are the following:

• repair of the defective product;
• replacement with a conforming product;
• price reduction if repair or replacement is impossible or disproportionate;
• termination of the contract in cases of serious non-conformity.

Additionally, the party may claim compensation for any further damages.

Under Italian law, punitive damages are not recognised. In cases of breach of contract or warranty, the remedies available are limited to compensatory damages, aiming to reimburse the actual loss suffered by the injured party, including both material and non-material damages where applicable.

During the proceedings, either party may ask the judge to order the other party or a third party to submit certain documents before the Court. In issuing the order, the judge regulates the modalities and limits of the disclosure. In addition, when ordering a third party to disclose a piece of evidence, the judge shall balance the interest of justice with the third party’s rights. 

If that party fails to comply with the order without a justified reason, the judge may consider that conduct as circumstantial evidence.

In product liability cases, commonly requested documents include, but are not limited to:

• technical specifications, design and manufacturing documents;
• quality control records and testing reports; 
• product manuals, instructions and safety warnings.

Class actions are available in Italy. In particular, there are two different procedures that can be followed:

1. Procedure sets forth by Articles 840bis of the Italian Civil Procedural code: any subject having suffered the violation of a homogeneous right can take action, whether or not is a consumer.
2. Procedure sets forth by the Italian Consumer code, as the result of the implementation of EU Directive 1828/2020: consumers, consumers’ associations included in the relevant list provided by Regulation (EU) 2017/2394, national independent public bodies referred to in Article 3, number 6) of Regulation (EU) 2017/2394 of the European Parliament and of the Council of December 12, 2017, who request to be allowed, as well as the bodies designated in another Member State and included in the pursuant to Article 5, paragraph 1, subparagraph 2, of Directive (EU) 2020/1828 of the European Parliament and of the Council of November 25, 2020, are entitled to bring the representative actions. 

Both procedures are based on an opt-in system and are aimed at granting compensation for damages and/or injunctive relief.

The procedure provides for a first phase where the admissibility of the case is assessed and a subsequent phase for the joining of the members, the collection of evidence and the final decision.

In the Italian legal system, individuals with insufficient means whose claims are not manifestly unfounded are eligible to receive public legal aid to support their defence. This system provides exemption from certain costs, which are borne by the State. Access to public legal aid is assessed on a case-by-case basis.

With regard to third-party litigation funding—where an external entity finances a lawsuit in exchange for a portion of any proceeds—this is currently not widely regulated in Italy. While there are no specific laws explicitly prohibiting such arrangements, they remain uncommon in practice. However, companies active in the claims-management and in providing claims-related services, including providing financial support in exchange of the claimant’s membership, are increasing their relevance, in particular with regard to mass litigation, where they can support individuals by acting as intermediaries vis-à-vis defendants or insurance companies, obtaining forensic-medical assessments, negotiating compensations, mainly with regard to car accidents and medical malpractice; usually they negotiate fees which can be a part of the compensation obtained by the claimants or require to be assigned with the claimed right.

In Italy, the loser pays principle applies. Therefore, successful claimants can generally recover litigation costs from the losing party. However, the amount recoverable is usually limited to statutorily defined court fees, procedural costs, and attorney fees, that are determined taking into account the parameters set forth by the Ministry.

Contingency fee arrangements (i.e. where a lawyer’s remuneration depends on the outcome of the case) are generally prohibited under the Italian Code of Conduct for Lawyers. Cost uplifts (i.e., additional charges based on success) are generally permitted if it is not manifestly disproportionate.

In judgment no. 8224/2025, the Italian Supreme Court clarified the application of different civil liability regimes in cases involving harm allegedly caused by a defective product, in this case a pharmaceutical vaccine. The claimant alleged that the vaccine caused a severe neurological condition, resulting in death, and sought to hold the manufacturer liable under multiple civil liability frameworks. 

The Court confirmed that, under Italian law, harm caused by a product can potentially be pursued under various regimes, including product liability under the Consumer Code, general tort liability under Article 2043 of the Italian Civil code, or liability for dangerous activities under Article 2050 of the Italian Civil code. However, the Court emphasised that while multiple regimes may coexist, the judge must apply the rules of the chosen regime exclusively and cannot combine or “hybridise” the criteria of different frameworks. 

Each regime has its own rationale, burdens of proof, and procedural requirements, which must be complied with independently. In particular, the Supreme Court emphasised the difference between burden of proof under Article 2050 of the Civil code (i.e. proving to have adopted all the necessary measures to avoid damage) and the cause of exclusion from liability provided under the Italian Consumer code.

In this regard, the Court stated that  the content of the discharge evidence required by Article 2050 of the Italian Civil code is more limited than that provided for by consumer legislation – which effectively treats a defect that arises after the product has been placed on the market as equivalent to a defect that existed at the time of placing on the market but was not recognisable based on the state of technical and scientific knowledge – insofar as it falls under the category of fortuitous events.

The most relevant change is the upcoming implementation of the new EU Product Liability Directive (PLD), that has been included in the “Legge di delegazione europea”. More specifically, EU PLD has been listed among the directives to be implemented by means of a governmental decree based on the mandate received by the Parliament and without the need for the Government to introduce further guiding criteria or principles, which suggests that Italy is likely to align closely with the text of the Directive itself during transposition. At this stage, however, no draft implementing decree is available, so no further information can be provided

Once adopted, the decree will amend the Italian Consumer code accordingly. 

In addition, on 10^th October 2025 Italy has adopted Law No. 132/2025 that introduces a regulatory framework for artificial intelligence systems. Such Law also delegates the Government to adopt specific implementing measures governing civil liability for damage caused by AI systems. As of today, however, the relevant implementing decree has not yet been issued, and no official draft is currently available.