Hanover, 05.11.2014 | American product liability law should not deter German companies from doing business in the United States. Ray Vandenberg, an American attorney from New York, explained at a conference sponsored by Herfurth & Partner that there are three basic legal theories that plaintiffs try to prove when they seek to recover damages for a defective product: (1) that the company was negligent; (2) that the company is guilty under strict liability in tort; and (3) that the company breached its express or implied warranties. Such cases are generally difficult to prove and “U.S. courts are becoming more reluctant to award extremely high damages in such cases,” said Vandenberg. The establishment of an independent U.S. subsidiary can help to protect a German parent company from liability for products sold in the U.S. Ray Vandenberg is a senior partner in Vandenberg & Feliu, LLP, a law firm with 20 attorneys in their New York office. Vandenberg & Feliu, LLP has represented the Alliuris Group in the U.S. since January 2014.
Herfurth & Partner has advised companies with U.S. business interests for more than 20 years. Its U.S. legal team is headed by Uzunma Bergmann, who is admitted to practice in the U.S. and has experience with firms in Chicago and New York.