Both manufacturers and importers of technical products can fall under product liability. In case of death, personal injury or property damage due to defect products, third parties might claim damages even after the warranty period has already expired. Software falls under product liability, too.
Safety Requirements are established mainly by technical standards and EU-law such as the Machinery Directive. These are implemented into German law by the Geräte- und Produktsicherheitsgesetz (GPSG) and various national regulations.
In order to avoid product liability claims and to defend against potential lawsuits, legal advice is useful. For instance, this holds true with respect to implementing technical and contractual protection measures such as warnings in manuals or indemnification obligations of suppliers. It might also be recommendable to review the validity of asserted product liability claims or a possible obligation to call back products.
Our services:
Taking into account product liability law when drafting contracts
Defence against product liability claims
