Product liability

SCHLATTER has advised and represented leading brand manufacturers, suppliers, dealers, and claimants successfully, competently and reliably in the field of product liability and manufacturer liability. This includes non-contractual liability of the manufacturer regarding body injury and property damage that are caused by proper use of a defective product. Unlike the liability for material defects, this does not refer to the responsibility of a manufacturer concerning the serviceability and functioning of their product but in addition to the compensation for consequential damages that are caused by defective or unnecessarily hazardous products.

Period of liability may comprise up to 30 years. Therefore, the question of product safety and freedom from defects takes a central position within the total life cycle of a product, covering product development, construction, manufacturing, and in-use performance (so-called product monitoring). SCHLATTER offers manufacturers and claimants for this entire product life cycle highest-level extensive, cross-product legal advice and representation – paired with technical expertise.

We also advise suppliers, manufacturers, and dealers preventively regarding the drafting of supply contracts, general terms and conditions, quality assurance agreements, product labeling as well as product documents and, if required, regarding the management of product recalls. Thus, we assist our clients regarding product safety and avoidance of liability risks and in warding off liability claims.

Medical devices law and product liability insurance law are two areas of expertise of SCHLATTER. The objective of medical devices law is to manage the handling of medical devices and thereby ensure the safety, suitability, and performance of these products as well as the health and the necessary protection of patients, users, and third parties. In this field, SCHLATTER advises manufacturers of medical devices on the provisions of the Medical Devices Act regarding the development, manufacturing, labeling, marketing, and use of products up to the drafting of product documents.