ANNEX B: COUNCIL DIRECTIVE 85/374/EEC OF 25 JULY 1985 ON LIABILITY FOR DEFECTIVE PRODUCTS Who is liable?
An injured person can take action, by way of a civil law case, against:
Other suppliers, such as wholesalers and retailers, are not liable unless they fail to identify the producer, importer or “own-brander”, if asked to do so by a person suffering damage.
Liability is joint and several, so where more than one person is liable for the same damage the plaintiff may sue any or all.  It is not possible to exclude liability by means of any contract term or provision.
A defective product is defined as one where the safety of the product is not such as people generally are entitled to expect.