Product Liability

Tramposch & Partners are also acquainted with all aspects of product liability. We assume the handling in dealing with complaints and conducting negotiations as well as the representation in case a lawsuit becomes litigious. 

According to the Product Liability Act (PHG), which has been in force since 2001, product liability covers personal injuries and property damages caused by pre-existing faults in a product when already being putting into commercial use.

According to the Product Liability Act, a product is any physical movable item, even if it is part of another movable object or has been connected with an immovable property, including energy. A product is defective when it does not provide the safety which a person is entitled to expect under all circumstances.

Liability under the Product Liability Act exists regardless of culpability; therefore the only relevant factors are the objective defect and the causal connection between said defect and the incurred damage. Likewise, the liability is not dependent on whether a contractual relationship between the liable party and the injured party exists.

According to the Product Liability Act personal injury is fully eligible for compensation (including damages for pain and suffering), material damage, however, will only be reimbursed under certain conditions. Pure pecuniary loss is excluded from the duty of replacement under the Product Liability Act.

The claim for damages arising from product liability becomes time-barred 3 years after the damage and its originator of loss become known.