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Handbook of Product Liability / Recall / Insurance in Germany
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1. Product Liability
- 1.1 Sources of Product Liability under German Law
- 1.2 Basic Legal Requirements for Product Liability Claims
- 1.3 Duty of Care (§ 823 I BGB)
- 1.4 Typical Protective Statutes under § 823 II BGB
- 1.5 Comparison of Claims for Defects under the German Civil Code and CISG
- 1.6 Typical Defenses of Defendants
- 1.7 Contributory Negligence
- 1.8 Burden of Proof
- 1.9 Limitation Periods for Product Liability Claims
- 1.10 Joint and Several Liability
- 1.11 Product Liability and International Private Law
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1.12 Product Liability Claims at German Civil Courts
- 1.13 Differences between Legal Sources of Product Liability Claims
- + 2. Product Recall
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3. Insurance
- + 3.1 Overview [109]
- + 3.2 Business Liability Insurance
- + 3.3 Product Liability Insurance
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3.4 Product Recall Insurance
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3.4.1 Insuring Provisions
- + 3.4.1.1 Automotive Provisions
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3.4.1.2 Non-Automotive Provisions
- 3.4.1.2.1 Trigger
- 3.4.1.2.2 Pre-Recall Expenses, Testing etc
- 3.4.1.2.3 Consultant Costs
- 3.4.1.2.4 Lawyer Fees
- 3.4.1.2.5 First Party Recall Expenses
- 3.4.1.2.6 Business Interruption
- 3.4.1.2.7 Repair, Replacement, Refunds:
- 3.4.1.2.8 Brand Rehabilitation
- 3.4.1.2.9 Third Party Recall Liability
- 3.4.1.2.10 Defense Costs
- 3.4.1.3 Main Differences/Similarities between the Insurance Models
- + 3.4.2 Exclusion of Liability
- + 3.4.3 Additional Conditions to or Deviations from the Provisions of the AHB
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3.4.1 Insuring Provisions
- + 3.5 Contaminated Products/Financial Loss Insurance
- 3.6 Product Guarantee Insurance
- 4. fr_dkm_prodcutliability Database
- + 5. Replacement of the GPSG with the Product Safety Act (ProdSG)
- Bibliography
The Handbook of Product Liability / Recall / Insurance in Germany introduces readers to the fundamentals of product liability law in Germany (current as of 01.01.2012) by presenting the content in the following areas: Product Liability This chapter provides the reader with an overview of product liability under German law. It covers claims for damages caused by a defective product under different statutory sources, including the different preconditions and consequences of such claims. Product Recall This chapter informs the reader of the obligations of producers and distributors under German law covering product recall.Furthermore, it provides information regarding the relevant authorities covering product recalls for the main sectors of industry and commerce. Insurances This chapter explains the different and specific insurances that cover product liability in Germany, such as: Business Liability Insurance, Product Liability Insurance, Product Recall Insurance, Contaminated Products/Financial Loss Insurance and Product Guarantee Insurance. fr_dkm_productliability Database The fr_dkm_productliability database is a digital knowledge management tool available to companies or businesses to help them fulfill their legal obligations in regards to product liability cases.
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Publication year : 2011
License: All rights reserved ©
Times read: 103
