Importer as end consumer: Liability for damage caused by products purchased outside the EU?

Importer as end consumer: Liability for damage caused by products purchased outside the EU?

According to a report from www.mdr.de, consumers who purchase products outside the EU and pass them on in Germany may face liability issues. This particularly concerns the import of products from China or other countries that do not meet EU standards and can therefore be potentially dangerous. Ralf Reichertz, head of the consumer law department at the Thuringia Consumer Center, explains that according to Section 4 Paragraph 2 of the Product Liability Act, the end consumer can theoretically be considered an importer if he passes on the product and damage occurs as a result. This legal basis can therefore be interpreted to the end consumer, which means that he, as an importer, can be held liable for any damage.

There is currently no case law on this issue, but it is important to note that both the retailer outside the EU and the consumer in Germany can potentially be held liable. This creates uncertainty and risk for consumers who want to buy and resell products from abroad. It is particularly advisable to be careful with products containing batteries, as shipping batteries is delicate and they may not meet EU standards.

For consumers, this means potential financial liability in the event of damage caused by imported and resold products. This could lead consumers to think more carefully about sourcing products from abroad, especially when there are uncertain quality and potential safety risks. This could have an impact on online trading of imported products as consumers may become more hesitant to purchase and resell such products due to liability issues.

It remains to be seen whether there will be case law on this topic in the future and how the liability issues for consumers and retailers will develop. It is important that consumers are aware that they face potential liability risks when purchasing and reselling products from abroad. As experts, we recommend being careful and informed when purchasing and reselling imported products to avoid potential liability issues.