Article 10

Article 10 of Directive (EU) 2024/2853 on liability for defective products introduces a set of rebuttable presumptions of defect and of causal link aimed at mitigating evidentiary difficulty in technically complex products. Paragraph 4, specifically, presumes defect or causal link when the claimant demonstrates cumulatively that they face 'excessive difficulty', in particular due to technical or scientific complexity, in proving such elements, and that it is 'likely' that the product is defective or that the causal link exists. AI models are the paradigm of the technical-complexity category, and Recital 48 of the directive mentions them explicitly. Emergent Goals treats the article as the central piece in the European product-liability regime's adaptation to systems with objectives emergent from training.