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Product liability and protection against unauthorised warranty claims

Damages incurred can involve large sums if a product liability case is filed on the basis of tampered products, especially if they have proved harmful to life. Such tampered products include technical products such as spare parts for the automobile and aviation industry, electronic components and machine parts or medicines, cosmetics and foodstuffs. If a warranty or product liability case is filed, the process of proving to the court that the product in question is a counterfeit is generally very difficult, tedious and cost-intensive. Manufacturers are well advised to label their products as originals using suitable methods right at the outset. Counterfeits without labels are immediately exposed; court procedures can thus be settled quickly.

Product liability is also applicable to traders with trademarks such as property and electronic markets and other franchise chains

According to the product liability law (ProdHaftG), claims can be made against:

• manufacturers of end products,
• suppliers of sub products, if the products are faulty,
• importers of products from outside the EU,
• traders, if the product carries their trademark, their name or any another identification (e.g. merchandise from a
franchise chain),
• and suppliers, if the manufacturer of the product cannot be determined.

Since an aggrieved party can make claims against all persons or companies listed above, it can target the person or company that is financially the strongest.

SECUTAG® is internationally accepted as decisive evidence for the authenticity of all types of products in international courts. Thus, SECUTAG® is the best possible lawyer you can have during product liability cases.
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