Posts tagged #product liability
All PostsOGH on Product Liability for Medical Devices
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide on the product liability of a sleep apnoea ventilator. The plaintiff had purchased a ventilator imported into the EEA by the defendant. After severa...
OGH: Misleading Data Transmission Speed Adverts
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with an internet service provider advertising maximum data transmission speed that was, in reality, far from the actual speed. On the defendant’s website, t...
OGH Rules on Product Liability Claims
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has again considered claims for damages under the Austrian Product Liability Act (Produkthaftungsgesetz, hereinafter PHG) and ruled that instructions in pictogram form are generally i...
OGH on Product Liability in Austria
Civil LawA product is defective if it does not provide the level of safety that is reasonable under the circumstances. However, if the defect was not foreseeable according to the state of science and technology at the time, the exclusion of liability under Se...
ECJ: Content does not make a newspaper a defective product
The European Court of Justice (ECJ) has ruled that a printed copy of a newspaper whose content contains incorrect health tips is not a "defective product" within the meaning of the Product Liability Directive (85/374/EC). In the main proceedings, a r...
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