Katrin GutteDer Einfluss des ProdSG auf die Produkthaftung nach dem ProdHaftG und dem BGB

About this book deutschenglish

Products recalls due to safety deficits determine everyday life. Users are consistently faced with products causing dangers for them. In the past, particularly recalls in the toy sector made the headlines. On the one hand, public product safety law attends to the issue of product safety. Market supervision is secured by regulatory competences to interfere. On the other hand, private product liability law serves the purpose of ensuring product safety. This is achieved by regulations governing the compensation for damages caused by defective products.

Due to the coexistence of both areas of law, this work pursues the question of whether and how both areas are harmonized with each other. In practice, it is particularly important to what extent liability risks are excluded if a certain product complies with the requirements of public safety law including ist regulations, directives and standards.

Product safety has acquired special topical significance by legislative activity in this area. As recently as in late 2011 the Product Safety Act replaced ist predecessor, the Equipment and Product Safety Act. Likewise, in 2009 the new EU Toy Directive was enacted and transposed into German law by virtue of the Toy Regulation as recently as in July 2011.

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