Industrial risks and product liability in France

We provide consulting services to German, Austrian and Swiss manufacturers of products, product components, machines and plants serving preventative purposes or in the event of damage in France and the issues of cross-border product liability and supplier redress arising in this context. We can provide consulting services in German, French and English.

The law on damage claims continues to develop in France because it has been subject to various judicial interpretations. As a result, there are significant practical differences in this area between the legal and procedural framework and the principles prevailing in German-speaking countries. To ensure that proceedings are managed so as to produce the desired results and to carry out targeted risk management in product liability issues in France, it is essential that French legal counsel be consulted at an early stage.

In addition to consulting on French law, our German-French team with intercultural experience will also help you with practical support for implementation in the following areas:

Services relating to industrial risks and product liability in France

  • Consulting in advance of the distribution of products in France
      Particularities of the legal and contractual liability framework under French law, structuring of distribution in France
  • Assessment of current liability risks under French law and representation and defence in the event of damage claims in France
  • Structuring of product description documentation and distribution agreements for the French market
  • Consulting and expert guidance for product liability proceedings in France
      Defence against product liability risks in the context of out-of-court and judicial expert witness and litigation in France
      Out-of-court and judicial protection of supplier recourse under French law
      Review of the basic processes relevant for decision-making in cooperation with the relevant product managers
  • Negotiation and conclusion of out-of-court solutions with litigants in France
  • Representation in product liability proceedings before the French courts (Tribunal Judiciaire, Tribunal de Commerce, Cour d’appel)
      Summary proceedings, notice of litigation, first instance proceedings, appellate proceedings in France.
  • Sworn and unsworn translations of German and French documents

We are pleased to offer training for your product managers and sales staff on all aspects of French product liability law. Please contact us. We would be happy to send you a training offer.

Did you know that in France…

  • when it was transposed into French law, the European Product Liability Directive in France was extended to cover all market operators without limiting the scope of protection of strict liability to consumers?
  • based on French case-law, direct recourse to a warranty within the sales contract chain is possible in France, even across borders?
  • in France, evidence relevant to decisions in relation to technical issues is mainly gathered by a court expert? In France, there is frequently no court hearing of witnesses or presentation of additional evidence by the French court to establish the facts on which the decision is based.
  • the commercial courts of first instance in France (Tribunal de Commerce) are composed of lay judges?

Our German-French Team for industrial risks and product liability