Product observation
Product monitoring or product monitoring is the duty of a manufacturer to observe what is happening with his product on the market.
For example, information about how the product is actually used and how it behaves in the course of its life cycle is to be collected and evaluated. In particular, dangerous defects in the product as well as improper use must be registered and counteracted by appropriate measures (e.g. recall campaigns , rework, user information).
A famous case of the BGH in this context is the Hondafall . Since this case law, product monitoring obligations have also extended to accessories produced by third parties.
Failure to observe the product monitoring obligation has legal liability consequences for the manufacturer of the product in the event of damage .
