Product liability

Product liability

Görtz is a commercial law firm with offices in Stuttgart and Heilbronn that specialises in product liability and product safety. Over the last few years, Görtz has been involved in numerous disputes and legal proceedings regarding product liability and complaints. The damage sums averted by its representatives are up in the high double-digit million range.

Our specialised corporate solicitors help you to avoid product risks, develop an efficient quality assurance system and find the best way to solve any problems with your products together with your contractual partners, insurance company and the authorities. We guide our clients safely through the crisis in the event of an emergency.

Product defects and responsibility

In industrial production, it is often difficult to rectify any complex situation and determine the actual cause of a complaint or product defect. With regard to the issue of liability, manufacturers, importers and distributors can be held responsible in accordance with the product liability law. We check framework agreements, delivery contracts and QAAs in order to counteract any subsequent liability. In case of liability, you can rely on the sound legal knowledge and many years of litigation experience of the Görtz team.

Solicitors for product liability

For product manufacturers, the extent to which they are liable for faulty goods is important. We have experience in how to best prevent legal responsibility or stop the worst from happening in the event of damage and keeping claims low.

Lawyers for product safety

The demands on product safety are always increasing. There are frequently more product warnings or product recalls, often initiated by competitors or market surveillance authorities. Companies have to observe a number of European and national safety standards when manufacturing and selling products. We can help you with this.

Advisory service for companies

Our clients come from the Stuttgart-Heilbronn-Karlsruhe-Singen economic region. This area includes many medium-sized and internationally active companies – car suppliers, system and mechanical engineering companies, manufacturers and distributors of circuit boards, electronic components, parts, materials, kitchen appliances and special purpose vehicles.

Range of advisory services

The range of advisory services offered by Görtz ranges from preventative advice, developing product warning strategies, product recall and improvement, checking and negotiating framework agreements, liability limitation agreements and quality assurance agreements, right through to disputes before the civil courts.

Contract arrangements:

  • Quality assurance agreements (QAA)
  • Delivery contracts and framework agreements
  • General terms and conditions (GTCs)
  • Insurance contracts
  • Research and development contracts

Litigation in court

Our work as corporate solicitors focuses on litigation in product liability cases.  For many years, Görtz has successfully represented companies before the civil courts and against authorities, both domestically and abroad, defending them against product liability claims and complaints. Many cases involve liability for installation and removal costs (so-called exchange costs), which, in accordance with the current legal situation, are only recoverable based on fault in B2B transactions.

Seminars and training

We increase sensibility of our clients’ employees to potential risks in development, manufacturing, sales and customer complains through in-house training and seminars.

News 2016: Revision of Section 439 German Civil Code (BGB) – Installation and removal costs

German legislators are planning a significant change to the law for supplementary performance in accordance with Section 439, Para. 3 Civil Code. According to the latest government draft, in the future suppliers will bear any exchange costs as supplementary performance costs, also for B2B transactions, regardless of fault. We are your first contact for advice with regard to the consequences of the proposed legislation for existing and/or new contacts and to make the necessary contract arrangements for your business.