Product Liability

Liability and recalls

If there is a suspicion of a (potentially) damaging product defect, we provide comprehensive advice to producers and retailers. Our services include

• advice on the obligation to recall
• communication with authorities, business partners and consumers
• investigation of the facts in cooperation with experts
• in-cort and out-of-court representation in product liability disputes
• safeguarding and enforcing recourse claims against suppliers
• advising and representing decision-makers in criminal investigations in cases of suspected non-compliance with product safety requirements 

Insurance

We advise on all aspects of product liability insurance and recall cost insurance – from the drafting of insurance policies to claims settlement.

In the event of a claim, disputes with the insurer may arise. A common objection brought forward by German insurers with regard to product liability is that the defective product was not sufficiently tested before it was placed on the market (the so called "Erprobungsklausel"-exclusion). This objection can often be refuted.

In the event of a dispute, we support insured companies and their brokers in

• fulfilling obligations to maintain insurance cover
• assessing insurance contract clauses (exclusions, obligations, causality, etc.)
• asserting insurance claims – if necessary in litigation before German courts

• Clarity for all parties involved in product liability issues (who is liable to whom within the value chain?)
• Conflict resolution in disputes between suppliers and customers
• Successful defence against unjustified product liability claims
• Successful enforcement of insurance cover claims under product liability and recall cost insurances