Haftprüfung

Haftprüfung (liability assessment) is a process used in German-speaking legal and administrative contexts to determine who bears responsibility for damages or obligations and to what extent. It combines legal analysis with factual evaluation to establish liability under applicable law, such as tort, contract, statutory duty, or product liability. The process is used by courts, insurance adjusters, and organizations managing risk to decide on indemnification, settlement terms, or preventive actions.

Contexts include civil liability claims in private and commercial settings, professional liability, product and environmental liability, and contractual risk allocation. In insurance, Haftprüfung helps determine coverage and the amount payable; in courts, it informs judgments and verdicts; in corporate governance, it supports risk management decisions and reserve planning.

Practice typically involves collecting relevant evidence, identifying applicable statutes and case law, analyzing causation and fault, and assessing damages. Depending on jurisdiction, liability can be fault-based, purely comparative, contributory, or joint and several. Some frameworks also assign liability shares among multiple parties or apply statutory caps and exemptions. The result is a liability determination that guides settlements, judgments, or policy indemnities.

Limitations include evidentiary uncertainty, conflicting interpretations of law, and procedural delays. Outcomes may be appealed, and liability assessments can influence incentives for risk reduction and contract design. The term Haftprüfung is mainly used in German-speaking contexts and may be expressed in English as liability assessment or liability determination.

See also: liability insurance, tort, indemnification, risk management.