§ 823 para. 2 of the German Civil Code (BGB) “The same liability (meaning liability to pay compensation) is held by anyone who breaks a law that is intended to protect another person.”In this case, the activity that violates the protected right violates a “protective law”: Protective law means that the respective legal provision is (also) intended to protect the individual through some other body of legislation and therefore, in the event of damage, violation of the law itself already establishes liability for compensation.
In terms of the liability risks from violating a protective law, special laws that determine safety requirements for certain product groups have a role to play. The most important of these is the law covering technical work equipment and consumer products (Equipment and Product Safety Act/GPSG), as it covers a wide range of products: Hair dryers, kettles and skid loaders fall under its scope just as much as respiratory equipment and complex machinery. As various EC CE marking directives have also been “reflected” nationally via the GPSG and its subordinate ordinances (incl. the low voltage, ATEX, machinery, toys, pressure equipment, recreational craft, lifts, gas appliances directives), failure to comply with the safety specifications contained in the CE regulations can lead to unexpected liability risks. Further CE directives
have been implemented via separate legislation, which can also be combined with § 823 para. 2 of the German Civil Code (BGB) in the event of damage (e.g. EMC Act/EMVG, Medical Product Act/ MPG, Radio and Telecommunications Terminal Equipment Act/FTEG).
So, if an unsafe product is put into circulation, liability may arise due to violation of this type of technical safety regulation – in addition to liability under the Product Liability Act and § 823 para. 1 of the German Civil Code (BGB).
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