Product safety and product liability
The heart of any operating company is its products. If errors creep in during the conception, the production process or the instruction of the customers, this can quickly lead to claims for damages in considerable amounts and to the costly worldwide recall of a product series. Additionally, due to the globalization of markets, in such cases many different authorities must be informed and involved in communication at the same time.
In the case of defect products, there is not only the threat of a claim against the company before national courts, but also abroad. Product defects that become public knowledge also pose a threat to the company's reputation, so that quick action and good crisis communication are necessary.
Liability risks are further increased by the large number of harmonized EU regulations for various product groups, which regulate in detail the approval and certification of a product through its labelling to its placing on the market. Violations of such regulations are punished by the market surveillance authorities partly with fines, partly with delivery and distribution stops and other drastic measures. In addition to civil law, public law and criminal law aspects are often relevant. Our interdisciplinary lawyers will support you in the respective fields of law on all issues relevant to your company.
If there is a suspicion of a product defect, we first establish the facts of the case and, in cooperation with those responsible for your product and, if necessary, with the help of external experts, examine whether a defective product is present and what risks of damage result from this. We inform the responsible market surveillance authorities on your behalf and take care of the corresponding communication at home and abroad. If a recall must be carried out, we are at your side as a contact partner and coordinate together with you the information of the customers in the various markets as well as the retrieval of the products.
In the event of a claim, we defend your company against the asserted claims for damages before national courts and coordinate court proceedings abroad for you.
If you would like to avoid liability risks right from the start, we will check the relevant regulations for the respective product for you and show you the resulting approval and labelling obligations. We are also happy to examine various other quality assurance measures.
Our services at a glance
- Examination of product liability claims
- Defense against product liability claims in contentious disputes before national courts and coordination of international legal proceedings
- Management and coordination of product recalls worldwide
- Advice on all questions of product safety law (approval of products, labelling, etc.)
- Support in questions of technical product compliance
- Advice on preventive design options and development of risk avoidance strategies
- Training of employees