Notos brochure

Product Liability

A manufacturer's liability for damages from - allegedly - faulty products can rapidly become a serious risk for the existence of an enterprise.

The law on the liability for faulty products (German Product Liability Act) serves for the realization of directive 85/374/EEC, its purpose being to harmonize the legal prescriptions of the individual states on the liability of a manufacturer for damage or loss that has been caused by the faultiness of his product or products. Introduced with this directive is the principle of the manufacturer's liability - regardless of culpability - according to which the manufacturer of a faulty movable item must make good every loss or damage to the physical integrity or property of a person regardless of whether the manufacturer has acted in a negligent manner or not.

This directive holds good for every product that is put on the market in the European Economic Area (EEA), i.e. in the member states of the European Union as well as in Norway, Liechtenstein and Iceland.

Notos advises manufacturers and EEA importers in the first place preventively in the area of product marking, product observation obligations and call-back obligations. In addition, we support our clients in all special situations not only within the framework of legal communication but also in the warding off and defending of claims of liability and recourse.

Where this is necessary we co-ordinate the co-operation with:

  • criminal lawyers,
  • official experts, and the
  • particular industrial insurance brokers
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