Current state of technology poses questions
An article by Philipp Reusch in the specialist journal Quality Engineering 02/2017
According to the Product Liability Act, there can be no obligation on the part of the manufacturer to pay damages if it was not possible to recognise a product defect according to the current state of science and technology at the time when the product was placed on the market. But what exactly is to be understood by that?
Stringent safety standards are attached to the Product Safety Act and compliance with it. However, if product defects come to light after the product has been placed on the market, adherence to those safety standards (current state of technology) is investigated, in order to answer the question of whether or not the manufacturer is under obligation to pay damages.
You can find out how these standards are defined, and where problems can crop up and manufacturers need to be watchful, in the current issue 02/2017 of Quality Engineering, p. 19.
[July 1st, 2017]