Product liability

Product liability refers to the liability for damages against the manufacturer for damages arising out of their end-users as a result of a defective product. It is governed by § § 1 to 19 of the Product Liability Act ( ProdHaftG) and distinguish them from the fault-based " manufacturer responsibility" pursuant to § 823 BGB.

Product liability is neither a contract between the manufacturer and the end user requires, nor is the fault of the manufacturer's liability is required. Rather, the end user against certain of a defective product to the risks to be protected regardless of any fault of the manufacturer, even if they have shown only after marketing of the product. It is a pure strict liability. Lack contract or contact the manufacturer and the end user who has purchased the product in general at an intermediary who divorced warranty claims, positive breach of contract ( pVV ) and culpa in contrahendo from ( " cic " fault before signing the contract ). Similarly, a contract in favor of third parties is regularly not considered, since the end user the manufacturer and the middlemen is not yet known and is therefore not included in the contract concluded between them.

Product liability in Germany

The conditions of product liability are regulated in Germany in § § 1-4 of the Product Liability Act ( ProdHaftG).

Requirements

→ To the individual rules and conditions of product liability in Germany Main article: German Product Liability Act

Proof of legal protection

The product liability may only be in breach of a 1 ProdHaftG mentioned in § 1 para 1 sentence legal interests. Among the mentioned therein goods include protection of life, body, health, and other things as the faulty thing. The protective goods of life, body and health have not been defined in detail in the EC Directive 85/374/EEC. In that regard, it must be assumed that the definition of which depends on the legal system of each Member State. Since no definition is also contained in the Product Liability Act, in relevant comments on the definition of § 823 para 1 BGB is referenced.

Liability for damage to property is limited in product liability law on other things than the bad thing that were intended for private use or consumption.

Defendant is a Manufacturer

The Defendant must be manufacturer within the meaning of product liability law. Which company is considered a manufacturer for the purposes of the Act, set out in § 4 Liability Act. Manufacturer is initially the one who made ​​the final product, but also a manufacturer of components fall within the scope. As manufacturer treated traders who can not name a manufacturer ("no -name products ") and importers of goods from areas outside the EU. The consumer can thus always find a responsible person within the EU.

Existence of a product according to the Product Liability Act

The damage must have been caused by the defective product. A product is in § 2 ProdHaftG all movables even if incorporated into another movable or into an immovable property and electricity. The explicit mention of the electric current was necessary because this does not apply in German law as chattel. " One thing into another movable thing," this differentiation makes it possible to take advantage of the manufacturer of an item or an essential part of another item to complete. The manufacturer's liability then will not apply if the product in accordance with § 1 paragraph 2 No. 3 ProdHaftG was not manufactured for sale or some kind of distribution for economic purpose and are not made ​​in the context of employment or expelled.

Error after ProdHaftG

The damage must in accordance with § 1 para 1 sentence 1 ProdHaftG are also based on a defect in the product. It is an error if a product does not provide the required security. In assessing the required level of security especially the presentation of the product, the anticipated use and the time of marketing must be considered. The error must have been present at the time of the placing on the market and must not be created later by normal wear and tear or exposure.

An error has acc. § 3 Liability Act to affirm if the product with regard to the analysis done for his PhD advertising (third) and the expected proper (exception: children's toys, etc.) use do not affect provides expected reliability. The fault is not required.

Marketing

Starting point for the liability of the manufacturer is that he has brought the defective product into circulation. § 1 paragraph 2 No. 1 ProdHaftG excludes the liability of the manufacturer in the event that he did not put the product into circulation. Marketing is any passing on to others. If the product has been stolen, misappropriated or was it lost during transport and was found by another, no marketing is concerned and liability under the Product Liability Act therefore does not apply. If the product it applies for the purposes of testing or examination to other passing also not as marketed.

Strict liability according to the Product Liability Act

A fault incur liability under the Product Liability Act (ProdHaftG ) in contrast to the producer's liability under § 823 BGB no longer advance; rather sufficient that the product, so one thing produced is faulty and commercial got into sales.

Legal consequences

The legal consequences of product liability in Germany are following BGB regulated in § § 5 and 11 of the Product Liability Act and in § § 249, insofar as the provisions of the Product Liability Act are not special.

Replacement Compatible damage

According to the regulations of the product liability damages to in § 1 para 1 sentence 1 ProdHaftG called protection assets should be replaced by the manufacturer. These include life, body and health. Liability for damage to property is limited in product liability law on other things than the bad thing itself and the other thing must have been intended for private use or consumption and mainly used by the injured to their nature.

With a damage of the injured party in accordance with § 11 ProdHaftG a basic amount of 500 € non-refundable ( excess). In personal injury the liability limit under § 10 ProdHaftG to 85 million euros is limited.

Hedge the liability risks

Liability for personal injury and property damage from product defects is regularly covered by public liability insurance; one involving a so-called Advanced product liability insurance, there is also coverage for exactly certain costs of the buyer at resale or processing.

Limitation of product liability claim

The product liability claim of the injured barred under § 12 para 1 ProdHaftG three years after the injured person has become aware of the damage and the identity of the person liable knowledge or knowledge should have become.

The statute of limitations is inhibited gem. § 12 para 2 ProdHaftG through negotiations between the parties. Moreover, the law refers to § 12 paragraph 3 ProdHaftG to the provisions of the Civil Code, particularly § § 195, 198 ( § 195 BGB: limitation period is 3 years; § 198 BGB: statute of limitations for legal succession )

Expiry of claims

According to § 13 Liability Act, the claim after 10 years.

Liability under other provisions

Other offenses of product liability are found in special laws, such as the German Medicines Act or the Food Act. There, different rules on liability limits and product concept are partly laid down.

Product liability in other EU countries

The product liability rests in the EU Member States to the EC Directive 85/374 EC. In Article 19, I of the EC Directive 85/374/EC was fixed from the notification of the deadline for transposition into national law, a time frame of three years. The announcement took place on 30 July 1985. The EC directive has now been implemented in all 27 Member States into national law, so that exist in other EU states product liability regulations that are similar to that applicable in Germany.