The Product Liability Law regulates the legal responsibility of manufacturers and importers for damages caused by defective products. In Germany, this right is particularly enshrined in Product Liability Act (ProdHaftG) regulated, which by the EU Product Liability Directive 85/374/EEC marked. Furthermore, there is a Tort Liability pursuant to § 823 of the German Civil Code (BGB).
Product Liability Law in Germany:
The Product Liability Act (ProdHaftG) deals with the liability of the manufacturer and any person who has imported a product into the EU or EEA for damages caused by defective products. The ProdHaftG applies to products intended for private use or consumption and that were primarily used by the injured party for this purpose. The underlying principle of this law is that the manufacturer is liable to the consumer for damages caused by a defective product to persons or other property, without the injured party having to prove that the manufacturer acted negligently.
Key points of the Product Liability Act:
- Product defectiveness A product is defective if it does not offer the safety that can reasonably be expected. Defects can lie in the design, manufacture, or labeling/instructions of a product.
- Manufacturer's Liability: The manufacturer shall be liable for damage caused by a defect in the product. The manufacturer also includes anyone who holds himself out as the manufacturer of a product by affixing his name or trademark to it, and anyone who imports a product into the EU or EEA.
- Claims for damages Consumers can file claims for damages if the defective product causes harm to people (e.g., injuries) or other property besides the defective product (e.g., destruction of property).
- Statute of limitations Claims for product liability generally expire after 3 years, commencing from the time the injured party becomes aware of the damage and the identity of the liable party.
- Pharmaceuticals: The Product Liability Act does not apply to medicinal products requiring authorization or standard medicinal products. Instead, the provisions on strict liability for endangerment under Sections 84 ff. of the Medicines Act apply.
AVANTCORE advises and represents your company in product liability law. We advise you on defending against damage claims asserted due to defective products and enforce your recourse claims in the supply chain. We also advise you on Product safety law to comply with legal requirements for product safety and to support you in fulfilling your related obligations.
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