Product Liability Act (Austria)
| Basic data | |
|---|---|
| Title: | Product Liability Act |
| Long title: | Federal law of January 21, 1988, on liability for a defective product |
| Abbreviation: | PHG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Product liability |
| Date of law: | January 21, 1988 Federal Law Gazette No. 99/1988 |
| Effective date: | July 1, 1988 |
| Last change: | BGBl. I No. 98/2001 |
| Please note the note on the applicable legal version ! | |
The Austrian Product Liability Act (PHG) regulates liability for defective products . This is a strict liability , as replacement must be provided regardless of fault .
General
Up until the introduction of the PHG in 1988, the manufacturer was only liable according to general tort law rules. Since, according to the prevailing opinion , the dealer does not use the producer as a vicarious agent ( § 1313a ABGB ), doctrine and jurisprudence developed the contract with protective effect in favor of third parties . So-called innocent bystanders , which were not covered by this, and outlier damages that were not caused, could therefore not be replaced. The legislator therefore decided to introduce strict strict liability for defective products in accordance with EC Directive 85/374 / EEC.
Product and product defect
Products within the meaning of § 4 PHG are movable physical things , be they part of another thing, and energy . If a movable tangible thing is connected to an immovable one, it becomes an dependent part according to general property law rules. In the PHG, however, the built-in part also retains its independence; the principle of one-time product, always product applies . Immovable things, however, are not covered by the PHG.
It is disputed whether the content of books or software are to be regarded as products in the sense of the PHG.
In the case of product defects, a distinction is made between design, manufacturing and instruction errors. A product is defective if the legitimate safety expectations are not met. In particular, the presentation of the item ( advertising ), the point in time at which the product was placed on the market and the use that must be expected according to an objective standard must be taken into account.
Liable
According to § 1 PHG , the entrepreneur who manufactured the product is liable . Both the producers of the end product and a partial product are included. If the product was manufactured outside of the European Economic Area , the importer is liable . If the producer or importer cannot be determined and the dealer does not name them within a reasonable period, the latter bears subsidiary liability. According to § 12 PHG , recourse claims can be asserted in the event that several liable persons have to pay compensation .
Damage and Exemption from Liability
Damage to property is only eligible for compensation if it concerns something different from the product. Therefore, further feed damage cannot be replaced. Furthermore, damage to items that are mainly used by an entrepreneur in his company will not be reimbursed. In the event of property damage, there is a general deductible of 500 euros.
Personal injuries , on the other hand, are to be compensated according to the general rules of §§ 1325 ff ABGB .
The producer can exempt himself from liability if he proves that the error is due to compliance with mandatory legal provisions. Likewise, there is no liability if the manufacturer can prove that the error did not have to be known according to the state of the art in science and technology . This is what is known as the development risk .
Placing on the market
The product must be placed on the market so that there is an obligation to pay compensation. The so-called factory gate principle applies. As soon as the manufacturer no longer actually has control of the product, it is considered to have been placed on the market. In the event that a manufacturer or importer claims not to have placed the product on the market, it is up to him to prove.
Individual evidence
- ↑ Rudolf Welser , Brigitta Zöchling-Jud : law of obligations general part, law of obligations special part, law of inheritance . In: Rudolf Welser (ed.): Civil law . tape II . Manz , Vienna 2015, ISBN 978-3-214-14711-2 , pp. 451 .
- ^ Stefan Perner , Martin Spitzer , Georg Kodek : Civil law. 4th edition. Manz , Vienna 2014, ISBN 978-3-214-11254-7 , p. 355 f.
- ^ Helmut Koziol , Peter Apathy , Bernhard A. Koch : Danger, product and interference liability . In: Austrian Liability Law . tape III . Jan Sramek Verlag, Vienna 2014, ISBN 978-3-7097-0022-8 , p. 136 ff .
- ^ Peter Apathy , Andreas Riedler : law of obligations special part . In: Peter Apathy (ed.): Civil law . tape III . Verlag Österreich, Vienna 2015, ISBN 978-3-7046-6705-2 , pp. 267 .
- ^ Stefan Perner, Martin Spitzer , Georg Kodek : Civil law. 4th edition. Manz , Vienna 2014, ISBN 978-3-214-11254-7 , p. 358.
- ↑ Rudolf Welser , Brigitta Zöchling-Jud : law of obligations general part, law of obligations special part, law of inheritance . In: Rudolf Welser (ed.): Civil law . tape II . Manz , Vienna 2015, ISBN 978-3-214-14711-2 , pp. 453-458 .
- ^ Stefan Perner, Martin Spitzer , Georg Kodek : Civil law. 4th edition. Manz , Vienna 2014, ISBN 978-3-214-11254-7 , p. 359.
