Field of law

Product liability

For decades, SCHLATTER has been successfully advising and representing leading brand manufacturers in the industry, suppliers, distributors, and injured parties in the area of product liability and producer liability. This refers to the manufacturer's non-contractual liability for personal injury and property damage resulting from the proper use of a defective product. Unlike liability for material defects, this does not concern the manufacturer's responsibility for the usability and functionality of a product, but goes beyond this to include compensation for consequential damage caused by defective or unnecessarily dangerous products.

A manufacturer's liability period can extend up to 30 years. The issue of product safety and faultlessness therefore plays a central role throughout the entire life cycle of a product, from product development, design, and manufacturing to its performance in traffic (known as product monitoring). Throughout this entire product life cycle, SCHLATTER offers manufacturers and injured parties comprehensive, cross-product legal advice and representation at the highest level – coupled with technical expertise.

We naturally also advise suppliers, manufacturers, and distributors preventively on the drafting of supply contracts, general terms and conditions, quality assurance agreements, product labeling, and product documentation—and, if necessary, even on the implementation of product recalls. In this way, we provide support in relation to product safety and the avoidance of liability risks, as well as in the defense against liability claims.

Two areas of expertise at SCHLATTER in the field of product liability law are medical device law and product liability insurance law. The objective of medical device law is to regulate the trade in medical devices and thereby ensure the safety, suitability, and performance of these products as well as the health and necessary protection of patients, users, and third parties. SCHLATTER advises medical device manufacturers in this area on the requirements of the Medical Devices Act for the development, manufacture, labeling, distribution, and use of products, right through to the design of product documentation.

Specializing in product liability are:
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Dr. Britta Schubel
Partner | Attorney at Law | Specialist in Construction and Architectural Law