In the field of product liability law, there are regularly various questions paramount, especially:
- In case that a product is defective: What especially the manufacturer has to undertake?
- Have questions of liability been sufficiently clarified with the sub-suppliers ? Are there any possibilities of recourse?
- Is the enterprise in possession of a sufficient product liability police covering such issues?
- Do further measures have to be taken (warning or recall)?
Based on our competence of several years in these fields, we advise enterprises with a holistic approach:
We not only clarify the contractual arrangements but upon request also examine the existing insurance coverage. After a first preliminary clarification as to which basic needs the enterprise has to cover, we let brokers, selected as a non-binding proposal, whom we know personally, assess the existing situation upon request. In case that a need for improvement becomes evident, the broker will clarify this in direct contact with the enterprise.
In workshops, we sensitize your employees.
Drafting of contracts
Often the contracts with sub-suppliers or purchasers have to be optimized. An analysis of the most important supplier relationships often reveals potential for improvement in order to make the liability controllable and to create recourse requirements directed at the sub-suppliers.
Preventive support: Amongst others, contractual advice and training of the employees in in-house seminars.
Aid and assistance in case of damage: Amongst others, individual advice and support regarding the negotiations with the insurers and insured parties respectively the parties having caused the damage.
In case that – based on a specific damage pattern – it becomes evident that considerable damages derive from the product, especially body-injuries, a recall might become necessary. Due to the wide range of consequences, particularly also reporting requirements, high costs and considerable damages, it should be investigated prior to the conduct of a sale which specific measures actually are legally required. Regarding this matter, there frequently are misjudgements. We gladly advice and support you regarding a possibly necessary recall.