Table of Contents
What is the Product Liability Act
The Product Liability Act gives victims of damage caused by a product the right to compensation. This compensation can be claimed from the manufacturer, importer, or another party in the production chain. The law is based on European regulations and is included in the Civil Code.
Under the Product Liability Act, the injured party does not need to prove that the producer was negligent. It is sufficient to show that the product was defective and caused damage. This makes the law a powerful tool for victims.
When is a product defective
The key question in the Product Liability Act is: when is a product defective?
A product is defective if it does not provide the safety that can reasonably be expected, taking into account:
- the presentation of the product,
- its intended use,
- the expectations of the average user.
This means a product can also be considered defective if the manual is incomplete or unclear. The manual is an integral part of the product and is inseparably linked to this law.
Example 1: Electronic products
A manufacturer introduces a fanless computer. The expectation is that internal temperatures remain low without a fan. However, the computer overheats, catches fire, and causes damage.
Under the Product Liability Act, the manufacturer can be held liable. The product did not provide the expected level of safety. The manufacturer must prove that the design choice was justified. If not, liability follows.
Example 2: Escalators
A producer installs cover plates without proper fastening, assuming they will anchor themselves in the floor. Children loosen the plates while playing. Someone falls into the opening and gets injured.
Here too, the manufacturer can be held liable under the Product Liability Act. The risks were reasonably foreseeable. Therefore, the product was potentially unsafe.
Example 3: Combined heat and power plants (CHP plant)
CHC plants are designed with non-flammable materials as much as possible. Still, a fire risk remains. Preventive measures such as smoke detectors are expected.
If a contractor fails to install these measures and a fire occurs, they may be held liable under the law. The Product Liability Act also covers reasonable preventive measures.
The central role of the manual
The manual is legally part of the product. Therefore, it plays a key role in applying the Product Liability Act.
According to international standards such as IEC 82079, a manual must include safety information. If this information is missing or unclear, a product can be considered defective—even if it is technically safe. This highlights the importance of clear instructions and warnings.
When is a manual sufficient
A manual is not automatically “safe” because it contains a safety chapter. If you meet the following three conditions, the manual is likely compliant with the Product Liability Act:
- It clearly states the intended use
- It includes precautions and warnings
- It demonstrates that a risk assessment has been carried out
Clear intended use
The manual must clearly describe how the product should be used. This also clarifies what is not intended use. This is essential within the Product Liability Act.
Example:
A microwave manufacturer states:
“Only place food in suitable containers in the microwave.”
This also clarifies what is not allowed. If misuse is possible, explicitly describe it:
“Do not place living animals or metal objects in the microwave.”
Precautions and warnings
A manual must contain practical and understandable warnings, such as:
- Protective equipment: “Wear hearing protection when operating this machine.”
- Operational limits: “Do not use this pump for more than 8 continuous hours.”
- Risk indication: “Keep hands away from moving parts.”
These instructions help prevent injury and damage, and support compliance with the Product Liability Act.
Demonstrating risk assessment
A risk assessment must be carried out before placing the product on the market. This does not require a separate section in the manual. It is sufficient if the content shows that risks were identified and addressed.
Example:
“This washing machine is intended for private use only and is not suitable for continuous use in professional environments. Overheating may occur with intensive use.”
Such a statement shows that risks have been considered and communicated, which is essential under the Product Liability Act.
Strategic approach to product liability
To comply with the Product Liability Act, a proactive approach is essential. This helps prevent costly claims and reputational damage.
Identify risks early
Conduct a thorough risk analysis before bringing a product to market. Involve engineers, safety specialists, and user feedback.
Document everything
Keep records of design phases, tests, risk analyses, and decision-making. This proves that you acted carefully under the Product Liability Act.
Manual as part of product safety
Ensure the manual is an integral part of your product safety strategy. Use clear language, a logical structure, and practical examples. The law requires a consistent approach to documentation and risk management.
Common misconceptions
There are several misconceptions worth correcting:
- Misconception 1: Only technical defects fall under the law
Fact: Incomplete or unclear manuals can also lead to liability under the Product Liability Act. - Misconception 2: Warnings are sufficient
Fact: Warnings must be complete, clear, and aligned with real risks. The law sets high standards for clarity. - Misconception 3: Only manufacturers are liable
Fact: Importers and other parties in the distribution chain can also be held liable if they are responsible for the product.
How Manualise can help you
Do you doubt whether your manual complies with the Product Liability Act? Manualise specialises in technical documentation in accordance with international standards and legislation. We support you in creating clear and safe manuals, integrating risk assessments into your documents, and ensuring compliance with European and international regulations.