Technical norms, standards and specifications play a role in the legitimate safety expectation from the design and manufacture of products. As a starting point, the product must comply with the current state of research and science at the time it is put into circulation. However, technical specifications and norms merely represent a minimum standard which, if undershot, might suggest a violation of the expected level of safety. The reverse
conclusion cannot be drawn in this case: A product that complies with the technical standards may nonetheless be defective in the legal sense. Technical standards may have become obsolete or may need expanding due to continued technical developments; they may have been incomplete from the start, or the content may vary from the current state of scientific and technical knowledge for some other reason. For this reason, in the event of damage in conjunction with a certain product, the position cannot be taken that product defects are excluded in law due to compliance with the designated technical standards. Time and time again the ruling has been that although compliance with DIN regulations indicates that the product is free from defects, in no way does it exclude the possibility that a product may be defective.
In this context, the Federal Court of Justice (BGH) emphasizes the fact that the “latest state of scientific and technical knowledge” determines the scope of the necessary protection measures. The usual standard in the respective industry is not definitive in this case; instead, alternative technically superior designs must be used by the producer as soon as they are ready for series production and are economically acceptable to the producer.
Examples: A lifting platform may be defective, for example, if it conflicts with the applicable DIN regulations or VDE recommendations and these conflicts cannot be compensated by “more intelligent” solutions. Neither can the defect be rectified by offering the customer a supplementary set of safety components for purchase.
European standards, such as Annex I of the EC Machinery Directive 98/37/EC, also contain legal technical specifications. If the requirements of European technology law are not met, e.g. in the design of a floor sanding machine, this must be regarded as a product defect.
However, if a gardening implement meets the existing DIN standards for example, this indicates that it is free from defects but in no way guarantees it. A defect may arise from errors in the technical design if standards have not been implemented or if individual batches suffer from material defects.
conclusion cannot be drawn in this case: A product that complies with the technical standards may nonetheless be defective in the legal sense. Technical standards may have become obsolete or may need expanding due to continued technical developments; they may have been incomplete from the start, or the content may vary from the current state of scientific and technical knowledge for some other reason. For this reason, in the event of damage in conjunction with a certain product, the position cannot be taken that product defects are excluded in law due to compliance with the designated technical standards. Time and time again the ruling has been that although compliance with DIN regulations indicates that the product is free from defects, in no way does it exclude the possibility that a product may be defective.
In this context, the Federal Court of Justice (BGH) emphasizes the fact that the “latest state of scientific and technical knowledge” determines the scope of the necessary protection measures. The usual standard in the respective industry is not definitive in this case; instead, alternative technically superior designs must be used by the producer as soon as they are ready for series production and are economically acceptable to the producer.
Examples: A lifting platform may be defective, for example, if it conflicts with the applicable DIN regulations or VDE recommendations and these conflicts cannot be compensated by “more intelligent” solutions. Neither can the defect be rectified by offering the customer a supplementary set of safety components for purchase.
European standards, such as Annex I of the EC Machinery Directive 98/37/EC, also contain legal technical specifications. If the requirements of European technology law are not met, e.g. in the design of a floor sanding machine, this must be regarded as a product defect.
However, if a gardening implement meets the existing DIN standards for example, this indicates that it is free from defects but in no way guarantees it. A defect may arise from errors in the technical design if standards have not been implemented or if individual batches suffer from material defects.
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