What should you do
if you are involved in a
traffic accident?

If you find yourself in one of the following or similar situations:
 

• deficient or incorrect medical treatment (medical malpractice)
• traffic accident
• breach of contract

Do not hesitate to contact me for further information or legal advice.

Important: The defect must already have been present when the product was handed over. If the defect is discovered within six months of handover, the legal presumption applies that the defect was already present when the product was handed over. This regulation provides relief for the consumer, because in this case the seller has to prove that he handed over a defect-free product.

Generally, the seller must first be given the opportunity to make good the defect, i.e. by repair or replacement, that is, with another product of equal value. Only if the seller generally refuses to do anything, and neither improvement nor exchange of the goods is possible, does the buyer have the right to demand a price reduction or even the cancellation and unravelling of the contract (money back!).
Note that the warranty concept also exists for work and services warranties as well as internet purchases.
 

Important: to note that dealers often try to avoid liability by stating that they did not cause the fault or defect in the goods and therefore cannot be liable for the fault-free nature of the products they sell. However, this is wrong!

Warranty is not the same as guarantee. While the warranty has a legal basis from which the company/dealer cannot deviate and thus cannot be contractually waived or limited, the guarantee is a voluntary promise by the dealer to be responsible for a defect for a certain period of time. In most cases, the guarantee is longer than the warranty and is granted by the dealer, especially for expensive products.

Additionally, there are a large number of other laws and ordinances that regulate transport in general, and specifically the transport of goods.

Individuals regularly have dealings with the StVO or FSG, either because the applicable speed limit was not observed or because of alcohol-related driving infringements. It is rare for certain criminal convictions to also result in traffic law sanctions but these can lead, for example, to suspension of the driving licence for a certain period of time. This is not always required, and is sometimes erroneously applied by the authorities.
Due to the large number of decisions issued by the authorities, they are often erroneous and are often dropped if met by legal challenge.