Find Lawyers in Munich, Germany for Product Liability Litigation
Practice Area Overview
Product Liability Litigation forms a major category of commercial disputes in state courts (as opposed to Commercial Arbitration) where a customer that has allegedly suffered damages from a defective product seeks recourse against its producer or importer. In such cases, the alleged damages often exceed the value of the product substantially. In addition to the product being defective as such, customers may claim further damages that have followed from its malfunction.
Regularly Product Liability Litigation involves many parallel cases with a potentially unlimited number of claimants. Whether or not these claimants may be combined into one court proceeding against one defendant (class action) will depend on the national jurisdiction under which such claims are brought. Unlike in the United States, in Germany, for instance, there is no such thing as a class action in product liability cases, so that in principle all cases have to be litigated separately.
On the European level, the member states of the European Union have tried to alleviate the effects of the (international) fragmentation by introducing standardized product liability laws. However, national laws and particularities still have to be regarded. For example, in Germany, the courts have developed a sophisticated product liability scheme based on standard statutory law long before the European Legislation on the subject that remains in force to date.
In general, specialized lawyers will either act for producers and importers on
the one hand, or on behalf of customers on the other. It is rather uncommon
that specialized lawyers take cases for claimants and defendants alike. The
reason is that acting for a producer or importer requires a very different
skill set and law firm setup than acting on behalf of customers. While the
latter requires a law firm to acquire as many potential claimants as possible
and to deal with large numbers of often non-professional claimants, the former
requires the ability defend a single corporate client against a large number of
individuals in many individual cases.
Select a location from the list below to find the best legal talent for your needs.
Founding partner of TCI Rechtsanwälte München Partner at Baker & McKenzie in Munich (2002 – 2007) Associate at Baker & McKenzie in Frankfurt a.M., Dallas/Texas and Munich (1997 – 2002) Dr.jur. University of Regensburg Bar admission 1995 Law clerkship in Regensburg University of Regensburg Law School
Since 2018: Kantenwein • Zimmermann • Spatscheck & Partner, partner 2003 – 2018: Kantenwein • Zimmermann • Fox • Kröck & Partner, partner 2000: International law firm, London office 1999: International law firm, Berlin office 1997 – 2003: Lawyer in major German law firm, subsequently, lawyer in international law firm in Munich, litigation & arbitration department
Frank Meckes is both a German lawyer and a graduate in business administration. He has extensive experience in litigation and arbitration. He advises local and international clients in complex commercial disputes, particularly in post-M&A disputes, capital markets disputes, cartel damages disputes, manager liability disputes and disputes in the energy sector. He acts for parties and also sits as an arbitrator in both domestic and international arbitration under the auspices of institution...
Legal studies at the University of Bayreuth, First State ExaminationInternship at the Country Court Heidelberg, Second State Examination Five years’ experience as a lawyer with Linklaters in Munich and Frankfurt in the Litigation & Arbitration department, Managing Associate Seven years’ experience as a senior litigation legal counsel for Siemens Aktiengesellschaft in the Litigation, Arbitration & Alternative Dispute Resolution department, Munich Two years’ experience...
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison