The New Product Liability Directive

A quick reading of this. It applies to not only physical products but also software and CAD files too. Free and open-source software "that is developed or supplied outside the course of a commercial activity" is exempt.

    However, where software is supplied in exchange for a price, or for personal data used other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, this Directive should apply.

Types of damages which people have a right to claim compensation (through national courts) also include:

    death or personal injury, including medically recognised damage to psychological health;

    destruction or corruption of data that are not used for professional purposes.

Presumably, the Cat Mario flash game may be a defective product if it has caused damage to your psychological health

Ever feel there are too many politicians and lawyers, and they need to make work for themselves?