ProdHaftG

ProdHaftG, short for Produkthaftungsgesetz, is the German Product Liability Act. Enacted by the federal parliament in 1998 and coming into force in 1999, it implements the European product liability framework in German civil law. The statute centralizes producer liability for damages caused by defective products and operates on a strict liability basis, meaning a producer may be liable regardless of fault.

Scope and definitions: The act covers products placed on the market by a producer, including manufactured components and imported items. It imposes liability on producers for damages resulting from a defect. A product is defective if it does not provide the safety a person is entitled to expect, considering the product’s presentation, instructions, packaging, and time of release.

Damages and defenses: The liability typically extends to personal injuries and property damage. Economic loss is generally not recoverable unless linked to such damages. The producer may defend against claims by showing that the defect was caused by the consumer’s improper use, modification, or by mandatory official requirements, among other defenses.

Procedure and limitations: Claims must be brought within applicable limitation periods set by the act and related statutes, balancing timely redress with evidence preservation. The act outlines the burden of proof, usually requiring the claimant to prove defect, damages, and causation, and specifies the proper forum for civil litigation.

Impact: ProdHaftG has shaped product safety practices, recall procedures, and liability strategies in Germany and has influenced EU-wide efforts toward harmonization of product liability rules. It remains a foundational statute in German consumer and corporate liability discussions.