Product liability law (regulated, among other things, by the Product Liability Act (PHG)) applies when damage is caused by a product from a manufacturer, supplier, importer or distributor and either

• a production defect (so-called ‘outlier damage’),
• a design defect (the design is inadequate from the outset or very soon thereafter and does not (or no longer) correspond to the state of the art) or
• an instruction defect (due to inadequate operating instructions or instructions for the end user)

is responsible for this.

Product liability may arise if a safety expectation placed in the product and justified in individual cases is not met, thereby triggering the mandatory and no-fault strict liability primarily of the manufacturer for personal injury and property damage, and the end user demonstrates/has demonstrated socially acceptable use (even if the product has been somewhat misused, but this particular mis-use had to be expected from the outset).

In the event of personal injury, there is a claim for damages, loss of earnings, reimbursement of medical treatment costs and compensation for pain and suffering; in the event of death, the next of kin may be entitled to reimbursement of funeral costs and maintenance payments.

We represent you in product liability cases and defend manufacturers, suppliers, importers or distributors against such product liability claims.