German Product Liability Act

Characteristics of the German Product Liability Act

  • Liability without fault, i.e. liability arises regardless of whether culpable conduct was responsible for the defect causing damage
  • Retailers can also be considered manufacturers with liability, e. g. in affixing a name or trademark to the product
  • Importers introducing goods to the EU territory are liable as manufacturers for defective products. We therefore assume product liability for MEYRA products and, in the event of damage attributable to a product defect, take legal responsibility for it. If a standard MEYRA wheelchair model is used as a basis for a custom-made design, MEYRA will maintain the product liability for the respective design providing that it is converted in a professional manner, the maximum permissible weight is adhered to and load-bearing parts have not been modified and that, if necessary, tip resistance is ensured by means of wheelbase extension, anti-tip wheels or similar measures

Product Safety Act (ProdSG)

The Product Safety Act (ProdSG), which entered into effect in August 1997, implements the European General Product Safety Directive in national law and supplements the German Product Liability Act. This law establishes the legal framework for product liability and enables the intervention of authorities. Serious consequences on the basis of the Product Safety Act for manufacturers, distributors and retailers may result.

Some special aspects include:

  • Only safe products may be distributed; product safety must reflect generally accepted technical standards
  • Competent authorities are authorised to take relevant measures in the event of a possible risk to health and safety
  • Competent authorities may prohibit the distribution of an unsafe product
  • Following distribution, the authorities may warn the public and order and/or arrange the recall of the unsafe products that are in circulation
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