Responsabilità per danno da prodotto difettoso ed esigenze di tutela nel contesto delle piattaforme online di marketplace e nuovi rischi derivanti dalla stampa 3D. Una proposta ricostruttiva

In recent years the rise of e-commerce in general, and of online marketplaces in particular, has increased the circulation and distribution of unsafe products, posing new consumer protection problems. Moreover, the rapid growth of 3D printing technologies exacerbates these issues, as it allows non-professionals to become producers and sellers of products, including those with high levels of complexity, that can be sold online on a large scale. Against this background, online marketplaces often do not act as mere intermediaries but intervene in many ways in the supply chain and are potentially in the best position to detect defective products and to remove them from their websites. However, under the existing regulatory framework transaction platforms are not liable for damages. This paper explores the need to extend product liability to online marketplaces, providing some suggestions for a reform to ensure an optimal allocation of damage costs.