Pacemaker
Doctor A treats his patient P and implants a pacemaker manufactured by X-GmbH. After the implantation, serious complications arise during the night: due to an incorrectly placed electrode, the pacemaker delivers an electric shock every minute. These repeated shocks place a considerable strain on the patient's body, and he dies after a few hours.
Question: Is there product liability?
The Doctor II
Doctor A treats his patient P and implants him with a pacemaker from X-GmbH. In the middle of the night, the pacemaker shocks the patient every minute due to an incorrectly placed electrode and the patient dies within a few hours.
Question: Is there a product liability claim? How would the situation be assessed if the pacemaker exhibited this behavior despite being correctly implanted?
Boiler
Manufacturer A places a boiler on the market. He buys a control computer from manufacturer B, which is used to heat the boiler. A connects the control computer correctly to the boiler. A weld seam in the boiler is full of holes. While the subsequent owner K of the boiler is on winter vacation, the boiler breaks and water flows into K’s cellar.
Question: What claims does C have against A and B?
Coffee Machine
A company operates a coffee machine in its office, which is used exclusively for commercial purposes. Due to a design fault, the machine overheats and partially sets the office on fire.
Question: What claims is the company entitled to?
Electric Drill
A DIY enthusiast uses an electric drill. Due to unclear operating instructions, he does not notice that a screw needs to be tightened and starts drilling. The drill bit comes loose from the drill and injures his hand.
Question: What claims can the DIY enthusiast assert?
Hair Dryer
A customer buys a hair dryer whose packaging shows a woman drying her hair over the bathtub. However, the instructions for use do not contain any warnings. When the customer uses the appliance near water, she suffers an electric shock.
Question: What claims can she make?
Irrigation Pump
A farmer uses an electric pump for irrigation. The pump dates from 2000 and complies with the safety regulations in force at that time, which did not yet provide for protection against earth faults. Due to such an earth fault, the farmer receives an electric shock and is injured.
Question: What claims does he have against the manufacturer?
E-Bike in Flames
A buyer purchases a used e-bike whose battery catches fire due to a manufacturing defect and damages the garage. The battery manufacturer is based outside the EU, but the seller does not name an importer.
Question: What claims can the buyer assert?
Treadmill
A new treadmill is installed in a gym. Due to a software error in the control system, the treadmill suddenly starts up, causing a customer to fall and injure herself.
Question: What claims does the customer have against the manufacturers involved?
Microwave
A consumer buys a microwave oven that stops working a few weeks after delivery because a component burns out. No further damage is caused.
Question: What claims does the buyer have?
Cordless Vacuum Cleaner
A defective cordless vacuum cleaner catches fire while charging and damages an antique chest of drawers worth 400 euros.
Question: What claims exist?
Weld
A manufacturer delivers an industrial plant to a company. The motor comes from supplier A, the control software from B, and the housing from C. Due to a defective weld on a housing plate, part of the sheet metal cladding falls on a worker in the company.
Question: What claims can be asserted and against whom?
Hedge Trimmer
When purchasing an electric hedge trimmer, a customer signs a clause limiting the manufacturer's liability for product damage to intentional damage. A few days later, he is seriously injured due to a design fault. There are no signs of intentional damage.
Question: What claims does he have despite the disclaimer?