herstellerbedingte

Herstellerbedingte refers to a specific legal term in German law that is used to describe a product liability issue. It is based on the idea that a manufacturer or supplier is responsible for defects or shortcomings in their product. This concept is rooted in the German Civil Code, specifically in Section 438, paragraph 3, which states that a manufacturer or supplier is liable for product defects.

The term "herstellerbedingte" emphasizes the fact that the liability is not based on any fault or negligence on the part of the manufacturer, but rather on the product's own quality. It is a type of responsibility that arises from the manufacturer's duty to ensure that their products are safe and free from defects.

Herstellerbedingte liability can be contrasted with other types of product liability, such as that based on fault or negligence. In herstellerbedingte liability cases, the plaintiff does not need to prove that the manufacturer was at fault; it is merely necessary to demonstrate that the product was defective and caused harm.

The principles of herstellerbedingte liability are modeled after those of consensual jurisdiction in European law, where the focus is on the confluence of laws that govern the production and distribution of a product rather than on personal liability. In practice, herstellerbedingte liability serves as a safeguard for consumers, providing them with additional legal recourse in the event of defective products.