In everyday life and daily business, contracts or legal provisions are often not complied with, for example, in the event of defective performance (material defects such as material quality, legal defects such as the existence of third-party rights to the item sold) –> the so-called warranty.

Defects can take various forms – as obvious defects, hidden defects, or fraudulently concealed defects. In the event of defects in the performance of services, the primary remedies available to the entitled party under warranty claims are initially the improvement of the object of performance or its replacement. In some serious cases or as a further consequence, the secondary warranty remedies of price reduction or rescission/contract reversal are available if the contract cannot remain in force in part or if there is a non-minor defect.

If a defect becomes apparent within 12 months of delivery, it is legally presumed that it already existed at the time of delivery, which makes it considerably easier for the entitled party to assert warranty claims. The transferor must then prove that this defect did not exist at the time of transfer or is not compatible with the claim asserted by the person entitled to warranty. Furthermore, in everyday life and in daily business, either contracts or legal provisions are not complied with, which leads to damages in addition to warranty defects or other performance disruptions.

We will inform you, assert your claims for damages, or defend you against claims for damages. Frequent claims arise in traffic, in recreational sports (ski slopes, ski touring routes, forest roads, trails), and in other areas of life. Questions of limitation periods, joint or more specific liability of individual parties involved, or recourse claims against other liable parties and the issue of the obligation to mitigate damages are particularly relevant.

It is not uncommon for claims from both areas (damages and warranty) to exist side by side. These must also be regularly asserted against a (property) insurance company on the basis of the insurance cover of the injuring party/contractual partner, which we are happy to do for you, your next of kin after the death of the injured party, or for your company.