Product Liability in Germany

We advise French, Belgian and Swiss companies and their branches in Germany on all aspects of German product liability law, including both legal and contractual liability. We can provide consulting services in German, French and English.

There are significant practical differences between German product liability law on the one hand and French, Belgian or Swiss product liability law on the other. To ensure that proceedings are managed so as to produce the desired results and carry out targeted risk management in product liability issues in Germany, it is essential that German legal counsel be consulted at an early stage.

In addition to legal consulting, our German-French team with intercultural experience will also help you with practical support with the following areas:

Services relating to German Product Liability Law:

  • Consulting in advance of the distribution of products in Germany
      Particularities of the legal and contractual liability framework under German law, structuring of distribution in Germany
  • Assessment of current liability risks under German law and representation and defence in the event of damage claims in Germany
  • Structuring of product description documentation and distribution agreements for the German market
  • Consulting and expert guidance for product liability proceedings in Germany
      Defence against product liability risks in the context of out-of-court and judicial expert witness and litigation in Germany
      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 Germany
  • Representation in product liability proceedings before German courts (independent evidence-based proceedings, legal action)
      Summary proceedings, notice of litigation, first instance proceedings, appellate court in Germany
  • 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 German product liability law. Please contact us! We would be happy to send you a training offer.

Your contact partners in German Product Liability Law:

Did you know that in Germany…

  • the German legislation which transposes the Product Liability Directive in Germany limits the scope of protection of strict liability to consumers?
  • German law does not provide for the concept of piercing the corporate veil in the contract chain (“Action directe”), which is common in the French legal system?
  • it is far less common to initiate an expert insurance procedure subsequent to a claim in Germany than in France?
  • the first instance judge initially summons the parties in Germany to a conciliation hearing in order to actively work towards a settlement of the dispute?
  • advances on legal costs, which can sometimes be substantial, are required to initiate legal proceedings in Germany? In Germany, the amount of the advances to be paid depends on the amount in dispute in each case.

Our Team for Product Liability Law in Germany