Die Haftung nach dem Produkthaftungsgesetz in Deutschland

Abstract

Abstract. The Federal Republic of Germany only implemented the EC Directive on Products Liability of July 25 1985 by means of a law dated December 15 1989. In the implementing law, most of the options set out in Article 15 of the Directive have not been used. Primary agricultural products and game before initial processing are not included within the scope of liability and no general principle of liability for development risks is provided for; however, the already existing liability for pharmaceutical products intended for human consumption has been retained. In contrast, German Products Liability Law does adopt the possibility of setting upper compensation limits for serial losses. The upper limits also apply to other cases of loss, such as the losses caused by an accident involving a single aeroplane. The Product Liability Law has yet to play a significant role in the German case law. However, a number of problems of interpretation of the German Product Liability Law have already emerged. These concern mostly the protective scope of the liability. Considerations based on such an argument would tend to point in favour of a restriction upon liability if the loss which occurs is the result, not of the specific risk posed by the defective product, but not if the products have been altered in way which infringes the criminal law. Liability is provided for also in respect of damage caused by books and other publications, as well as by computer software. In accordance with the protective scope of the Products Liability Law, however, liability is excluded if the reader or user of the product merely receives incorrect information or advice as a result of the defect in such a product.