Beschreibung
Four problems of German products liability - two theoretical questions concerning the concept of product defects in the Product Liability Act and two practical problems as illustrated by real accidents with motor vehicles - are investigated with the aim of developing dogmatically sound and practicable liability principles. For this purpose, a cross-section of US products liability law is presented with regard to these topics. The author comes to the conclusion that the term of a defective product in the Product Liability Act must be determined in accordance with strict products liability, which is supported by the legal regulation on manufacturer and retailer in § 4 ProdHaftG. To solve procedural evidence problems to prove a product defect or the relationship between defect and damage in the case of faulty non-physical data processing operations or non-reproducible destruction of the vehicle, which will increase significantly in the future, leads to the US-American principle of preponderance of evidence. To protect consumers against dangerous products as a result of reprehensible conduct of the manufacturer, and in the absence of other preventive measures, there is a need to increase the immaterial compensation owed pursuant to § 823 (1).
Autorenporträt
The author studied at the Law Faculty of the University of Leipzig from 1993 to 1998 and served his internship at the Higher Regional Court of Nuremberg from 1998 to 2000. The present thesis was submitted as a dissertation to the Law Faculty of the University of Leipzig. His thesis adviser was Prof. Dr. Dr. h.c. Thomas Rauscher. He gained experience in the practice of US-American tort law during his stay at the Law Offices of Bisno & Samberg in Pasadena/CA during his internship in 1999/2000. In order to research the US-American law the author spent time as a visiting researcher at the University of Pennsylvania Law School, Philadelphia/PA, in 2011.
Herstellerkennzeichnung:
Duncker & Humblot GmbH
Carl-Heinrich-Becker-Weg 9
12165 Berlin
DE
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