Legal Advice

Product safety and product liability

The heart of any operating company is its products. If errors creep in during the conception, the production process or the instruction of the customers, this can quickly lead to claims for damages in considerable amounts and to the costly worldwide recall of a product series. Additionally, due to the globalization of markets, in such cases many different authorities must be informed and involved in communication at the same time.

In the case of de­fect pro­ducts, there is not only the th­reat of a claim against the com­pany be­fore na­tio­nal courts, but also ab­road. Pro­duct de­fects that be­come pu­blic know­ledge also pose a th­reat to the com­pany's re­pu­ta­tion, so that quick ac­tion and good cri­sis com­mu­ni­ca­tion are ne­cessary.

Lia­bi­lity risks are fur­ther in­crea­sed by the large num­ber of har­mo­ni­zed EU re­gu­la­ti­ons for va­rious pro­duct groups, which re­gu­late in de­tail the ap­pro­val and cer­ti­fi­ca­tion of a pro­duct th­rough its la­bel­ling to its pla­cing on the mar­ket. Vio­la­ti­ons of such re­gu­la­ti­ons are pu­nis­hed by the mar­ket sur­veil­lance aut­ho­ri­ties partly with fi­nes, partly with de­li­very and dis­tri­bu­tion stops and other dras­tic mea­su­res. In ad­di­tion to ci­vil law, pu­blic law and cri­mi­nal law as­pects are of­ten re­le­vant. Our in­ter­di­sci­pli­nary la­wy­ers will sup­port you in the re­spec­tive fields of law on all is­sues re­le­vant to your com­pany.

If there is a su­spi­cion of a pro­duct de­fect, we first es­ta­blish the facts of the case and, in coope­ra­tion with those re­spon­si­ble for your pro­duct and, if ne­cessary, with the help of ex­ter­nal ex­perts, ex­amine whe­ther a de­fec­tive pro­duct is pre­sent and what risks of da­mage re­sult from this. We in­form the re­spon­si­ble mar­ket sur­veil­lance aut­ho­ri­ties on your be­half and take care of the cor­re­spon­ding com­mu­ni­ca­tion at home and ab­road. If a re­call must be car­ried out, we are at your side as a con­tact part­ner and coor­di­nate to­ge­ther with you the in­for­ma­tion of the cu­st­omers in the va­rious mar­kets as well as the re­trie­val of the pro­ducts.

In the event of a claim, we de­fend your com­pany against the as­ser­ted claims for da­ma­ges be­fore na­tio­nal courts and coor­di­nate court pro­cee­dings ab­road for you.

If you would like to avoid lia­bi­lity risks right from the start, we will check the re­le­vant re­gu­la­ti­ons for the re­spec­tive pro­duct for you and show you the re­sul­ting ap­pro­val and la­bel­ling ob­li­ga­ti­ons. We are also happy to ex­amine va­rious other qua­lity as­surance mea­su­res.