Product liability in Germany

Hogan Lovells International LLP

Hogan Lovells International LLP‘s broad dispute resolution practice stands out for its extensive experience in product liability cases, including cross-border product recall litigation. The team’s expertise, which is applied both in arbitration proceedings and on litigious level, foots on broad knowledge of product safety and product compliance on one hand and on its individual lawyers’ diverse industry specializations on the other: With a focus on life sciences, Ina Brock primarily represents pharmaceutical companies and medical device manufacturers, while Matthias Schweiger, who also specializes in life sciences, is also active in contentious product liability cases in the consumer goods industry. Sebastian Polly is particularly well versed in representing automotive industry clients, but also advises companies from the chemical, electronics, energy and consumer goods industries.

Other key lawyers:

Benjamin Schulte


Work highlights


  • In-court and out-of-court support for a world leading pharmaceutical company in connection with products.

BACH LANGHEID DALLMAYR

In the liability sphere, BACH LANGHEID DALLMAYR enjoys an excellent reputation for its representation of industrial insurers which regularly instruct the highly regarded team with product liability arbitration and litigation as well as with product safety issues. Recently, the group has been increasingly active in matters stemming from the automotive, aviation and pharmaceutical industries, but also advises companies in the construction products, consumer goods and life sciences sectors. The group's advice offering is complemented by in-depth expertise in assisting with food recalls as a result of ethylene oxide contamination and product liability cases due to rechargeable battery and battery fires. Key contacts for product liability include practice head Martin Alexander, who often acts in industrial liability proceedings, Marcel Hohagen, who is experienced in industrial and environmental liability, and Carsten Hösker, who frequently advises on international product liability and recourse cases as well as on liability arbitration proceedings. The firm opened its new Dortmund office in December 2022.

Practice head(s):

Martin Alexander


Other key lawyers:

Carsten Hösker; Marcel Hohagen


Testimonials

In my view, one of the best law firms in this practice area in Germany, with everything that a lawyer should  offer, starting with competent and quick advice, a tactical approach to cases and the consistent pursuit of the client’s goals.’

‘The firm has a unique blend of insurance litigation skills: defense, coverage disputes and recourse.’

Gleiss Lutz

Gleiss Lutz' impressively international product liability practice is particularly frequently instructed with international product recalls, but also stands out for its expertise in product compliance and contentious product liability cases. Most recently, the group was primarily active for companies in the automotive, medical products and food sectors as well as in the manufacturing industry. Eric Wagner, who is extremely visible and experienced in defending and enforcing liability and recourse claims, focuses on the e-commerce, autonomous driving, connectivity and industry 4.0 sectors, while Marc Ruttloff is considered an experienced contact for product safety and compliance as well as liability issues. The dispute resolution practice is headed by Stefan Rützel.

Practice head(s):

Stefan Rützel


Other key lawyers:

Eric Wagner; Marc Ruttloff


Testimonials

The experience with Gleiss Lutz has been excellent. Regardless of the topic in which we were looking for support, we were able to find a competent contact person at any time and immediately.’

‘The cooperation is very trusting.

The deep expertise, which is presented in a very professional manner, the ability to quickly grasp and abstract, coupled with the ability to develop pragmatic solutions, are remarkable.

Noerr

Noerr's well-versed product liability team routinely applies its expertise in matters pertaining to product safety, in in- and out-of-court product liability cases, global product recalls and product compliance, including environmental and waste law aspects. Automotive companies and consumer product manufacturers in particular instruct the practice, but the client base also includes mechanical and plant engineering, life sciences and insurance companies. Arun Kapoor, who focuses on product liability, technical compliance and product regulation, and Thomas Klindt, who is experienced in global product recalls and product liability law crises, jointly head the practice. Key lawyers also include Helmut Katschthaler, who advises on insurance and reinsurance law in addition to product liability, Steffen Burrer, who often advises automotive companies and suppliers on cross-border matters, and Isabel Jakobs, who focuses her product liability practice on medical devices and pharmaceuticals.

Practice head(s):

Arun Kapoor; Thomas Klindt


Testimonials

Very strong expertise in the area of product liability, practical and solution-oriented advice.

Steffen Burrer: Characterized by a high level of expertise and practical advice.’

High level of expertise, pragmatic solution approach, responsiveness.’

High level of expertise, very good expertise beyond the legal, pragmatic, calm approach, very easy to reach. All-round convincing client support.’

The team is characterized by fast reaction times, very good accessibility and very good internal organization.

Steffen Burrer: Trusting cooperation, pragmatic and efficient working methods that match our way of working and our needs. Dr. Burrer is very accessible and typically replies quickly. Added to this is the technical expertise and experience in the area of product liability, which we appreciate. If product liability cases are disputed in court, Dr. Burrer our first choice.’

The Noerr team is always in the right place at the right time with the right expertise. The cross-office teamwork is reliably provided in constant quality. Other team compositions, depending on the project or the involvement of experts from different disciplines, always work seamlessly and efficiently lead to sustainable results.’

Worth mentioning in the areas of product liability, product compliance and dispute resolution are Dr. Arun Kapoor and Prof. Dr. Thomas Klindt. Not only are both experts significantly involved in the further development of the legal field through their practice and academic contributions, but both also always have a finger on the pulse of their diverse clientele. Clients can rest assured that they will receive legally sound advice that is solution-oriented and practical at the same time.

Key clients

AXA FRANCE IARD


Deichmann SE


Eberspächer Gruppe GmbH & Co. KG


Geobra Brandstätter Stiftung & Co. KG


Lomotex GmbH & Co. KG


Magna Automotive Services GmbH


Opel Automobile GmbH


Procter & Gamble


RICOSTA Schuhfabriken GmbH


Swarovski AG


tonies GmbH


Torqeedo GmbH


Wiener Städtische Versicherung AG


Work highlights


  • Legal representation of a German automobile manufacturer in a legal dispute regarding recourse for recall costs against a Tier 1 supplier based abroad due to a vehicle recall due to possible brake failure.

  • Comprehensive legal support for a leading manufacturer of industrial trucks regarding a global recall.

  • Advising an automobile manufacturer on the implementation of new, highly automated driving systems (SAE Level 3 and Level 4) with particular consideration of product liability and data protection.

Taylor Wessing

Taylor Wessing's excellent reputation in the life sciences sphere also pertains to the team's product liability expertise, ranging from product safety and compliance to product recalls and litigation. In addition to numerous well-known pharmaceutical companies, corporations from the automotive, consumer goods and technology sectors also regularly instruct the product liability group. Key contacts include Henning Moelle, who is experienced in regulatory product compliance and recalls, and Philipp Behrendt, who advises extensively on product liability and product safety law and also has arbitration expertise.

Practice head(s):

Philipp Behrendt


Other key lawyers:

Henning Moelle


Testimonials

‘We feel well taken care of.’

Key clients

AstraZeneca


Bayer


Grünenthal


Melitta


Volkswagen


Friedrich Carl Janssen


Renate Schubries


Work highlights


  • Representing AstraZeneca on product liability issues.

  • Advising Grünenthal International on product liability litigation in connection with Contergan (thalidomide).

  • Representing Volkswagen against consumer lawsuits due to allegedly manipulated emission control of diesel engines.

CMS

Recently, CMS applied its product liability expertise primarily to defend listed industrial companies against damages claims and in liability proceedings due to product defects. However, the team's experience also includes representing industrial insurers, handling cross-border product recalls and advising on industrial claims. As a key contact, Tobias Bomsdorf primarily acts for companies in the automotive, supplier and pharmaceutical industries as well as mechanical and plant engineering and is active in both litigation and arbitration proceedings. The dispute resolution practice is jointly led by Nicolas Wiegand and Thomas Lennarz.

Practice head(s):

Thomas Lennarz; Nicolas Wiegand


Other key lawyers:

Tobias Bomsdorf


Testimonials

Easily accessible, reliable, competent, solution-oriented, understandable briefs, very friendly.

Pleasant to work with, always available, pragmatic approach, excellent legal knowledge.

Tobias Bomsdorf: Fast, competent, reliable, excellent process management.

Key clients

Daimler AG / Mercedes-Benz Group AG


Autoticket


CTS Eventim


RWE Renewables


Hochtief


Bundesministerium für Gesundheit


Stellantis / Fiat / FCA


Siemens


Roland Berger


Luther Rechtsanwaltsgesellschaft mbH

Luther Rechtsanwaltsgesellschaft mbH offers advice on the entire spectrum of product liability issues, including issues related to product safety and compliance, product recalls and the enforcement and defense of damages claims and liability disputes resulting from the sale of defective products. The team, which is often involved in cross-border matters, acts primarily in the mechanical engineering, electronics, automotive and medical products sectors. Jens-Uwe Heuer-James, who is experienced in product liability proceedings, is supported at the Hanover location by Kuuya Josef Chibanguza, who particularly focuses on Industry 4.0 product liability risks Volker Steimle, who has extensive experience in product liability law, is another key contact.

Practice head(s):

Volker Steimle


Testimonials

Volker Steimle’s team is technically extremely competent and is characterized by advice that is always extremely well-founded, practice-oriented and effective.

Volker Steimle: Strategic thinking, practice-oriented and very reliable. This leads to an extremely pleasant cooperation.’

Key clients

Harley-Davidson


Makita


Saint-Gobain Isover


SAME Deutz-Fahr


Eni


Ottobock Se & Co. KGaA


Karcher AG


Westfalen Mobil GmbH


Westfalia Mobil GmbH


Work highlights


  • Advice and successful representation of Karcher AG to the Federal Motor Transport Authority in connection with the eligibility of a vehicle sold by the client.

  • Advice to Westfalen Mobil GmbH and Westfalia Mobil GmbH on all issues and incidents related to product liability and product compliance as well as support in all major court proceedings and legal issues, including a dispute with a supplier about defective mattresses, which led to a European recall.

  • Advising and representing Elfzwomed GmbH with regard to the assertion of damages claims against an English manufacturer of stair lifts due to defective products.

Bird & Bird

Bird & Bird LLP applies its liability law knowledge along the entire product cycle and thus advises manufacturers on product safety obligations, recalls and legal liability disputes, among other matters. In the latter area, the industry specializations in the technology and automotive sectors result, for example, in regular instructions from industrial insurers and automotive suppliers seeking representation in high-volume warranty and product liability proceedings. Matthias Spilker acts with a focus on the automotive industry and frequently advises on recall campaigns, while Philipp Egler is primarily active in contentious proceedings. Christian Kessel (contractual disputes) retired in April 2022.

Other key lawyers:

Matthias Spilker; Philipp Egler


reuschlaw

With an explicit focus on product liability law issues, reuschlaw regularly advises on product safety, recall management and product compliance, but also covers insurance law issues. The team acts both on preventative as well as on litigation and arbitration level and primarily represents German companies in the automotive and mechanical engineering sectors. Occasionally, the group also advises on matters in the consumer goods, medicine and cosmetics industries. Key lawyers include Philipp Reusch, who advises on an extensive spectrum of product liability issues, Daniel Wuhrmann, who focuses on the automotive sector, and Miriam Schuh, who is a key contact for manufacturers, suppliers and sales companies in the medical, pharmaceutical and cosmetics sectors.

Testimonials

‘The law firm and the people acting for it appear without the conservative legal clichés. The appearance and the way of communication is modern and purposeful.’

‘One constantly gets the comforting feeling that it’s all about the case and the achievement of the best possible result without any kind of whitewashing or egomaniacal presentation.’

‘The competence of the team in case work is consistently high and equally high among all people involved. You don’t get the impression that there is a “boss” in the team who then has his assistants to do the work.’