"…leading firm for litigation and arbitration"
JUVE Handbuch 2011/2012
Product Liability
Gleiss Lutz has decades of experience advising clients on product liability issues. This is especially true with regard to product warnings and product recalls. Gleiss Lutz, for example, recently secured a German supreme court ruling on the most important decision on product recalls to have been made in Germany to date, which relates to defective nursing beds. We regularly assist national and international companies that are facing product liability issues with their communications with consumers and public authorities. Our services in this area range from the legal assessment of the required steps, to advising on the appropriate wording for product warnings and recalls. We also frequently advise German companies experiencing product liability issues outside Germany.
Product liability litigation
A main focus of our practice is litigating product liability disputes. We represent firms facing litigation for alleged product defects in trials and appeals before federal and state courts throughout Germany. In court cases with an international dimension, clients benefit from our longstanding ties with law firms specialising in product liability litigation around the world (in particular in the United States). Our lawyers have extensive experience in handling lawsuits for the recovery of claims from suppliers (reimbursement of the costs of product recall and other costs associated with product liability disputes). Before a dispute goes to court, we explore with the client the option of reaching a settlement. We also act as mediators in product liability matters.
Warnings and recalls
Product warnings and recalls put considerable strain on companies. We understand the sense of time pressure that is experienced in such cases. In close collaboration with subject-matter experts in the affected companies, we analyse the situation and provide support throughout the entire process. This includes advising clients on how to deal with the media and public authorities, as well as on defending against claims for alleged failure to recall products or issue warnings. We also actively support clients in enforcing or defending against claims resulting from product warnings and recalls.
Advice/Contracts
Proper legal counsel can often avert product liability lawsuits before they arise. We therefore provide assistance to companies as early as at the stage of drafting contracts with suppliers and customers. This includes advising on the conclusion of project development and quality assurance agreements. We can also provide guidance on the drafting of brochures and manuals.
Industries
While our client base spans all industries, we have particular expertise and experience in automotive, plant construction, medical devices, drugs/pharmaceuticals, electronic goods, food, and trade.
Compliance
Legal optimisation of internal quality assurance processes and procedures can help eliminate product liability risks. We help companies take stock of their current situation and show them how they can realise possibilities for optimisation from a legal point of view. This includes preparing or optimising in-house quality management manuals.
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Your contact
Dr. Wolf von Bernuth
Maybachstraße 6
70469 Stuttgart
T +49 711 8997-353
E wolf.bernuth@gleisslutz.com