Product defects in machinery and equipment within the meaning of the German Product Liability Act (ProdHaftG)
According to § 3 ProdHaftG, “a product has a defect if it is not
provides the security that, taking into account all the circumstances …
may reasonably be expected” .
§ Section 823 of the German Civil Code regulates the liability for damages. §823 Abs.1 BGB, however, does not define the product defect, but requires that the product must not pose a hazard.
Four (technical) product defects
Reasons for product liability under the Product Liability Act are the (technical) defect types:
- Development error / design error,
- Instructional Error,
- Errors in product observation,
- Manufacturing defects.
Case law example
A very frequently cited ruling on jurisdiction for product defects / product liability comes from the Regional Court of Stuttgart with the case number 26 O 466/10 dated April 10, 2012.
According to this ruling, it is confirmed that manufacturers of machines with a high risk potential are obliged to take all reasonable and necessary measures through design and user information to avert the dangers that may arise from the use of the machine.
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