A defense letting the manufacturer escape liability if the state of knowledge did not allow the defect to be detected when placed on the market.
The development-risk defense exempts the producer where the state of scientific and technical knowledge, at the time of placing on the market, did not allow the defect to be detected. It rests on the idea of an object frozen at the factory gate. Embedded AI weakens it, since the manufacturer keeps control of the product through updates and remote access, so the reference moment on which the defense rested disappears.
A product that is never finished is a product whose liability never closes, and which the development-risk defense no longer shields.
exonération pour risque de développement, development risk defence