Tort Law — Damage Caused to the Product

Date	Citation	Note
24.03.1992	BGH NJW 1992, 1678 VI. Civil Senate (VI ZR 210/91) = VersR 1992, 758 = ZIP 1992, 704	Claimant bought from firm engine overhauled by defendant; screw missing, not detectable in normal use, incapacitated engine 19 months later Claim under § 823 I for creeping loss affecting integrity interest rather than interest in value and usability Liability as defect could have been found from an objective technical standpoint without disproportionately high time and cost § 823 BGB
14.05.1985	BGH NJW 1985, 2420 VI. Civil Senate (VI ZR 168/83) = VersR 1985, 837	Claimant bought compressor from defendant manufacturer; motor damaged when oil lost due to fracture in pipe Claim for damage to motor under § 823 I as defect in part harming integrity interest in whole, rather than interest in value and usability Tests for making distinction For former to apply, no special circumstances needed and harm can take place gradually as well as violently Irrelevant that harm due to absence of additional fixing for pipe § 823 BGB
18.01.1983	BGHZ 86, 256 VI. Civil Senate (VI ZR 310/79) Gaszug -decision = NJW 1983, 810 = JZ 1983, 499	Claimant bought from garage a car made by defendant; throttle defective; two accidents caused by acceleration on dethrottling Claim for repairs to car (and fence) under § 823 I as defect in part harming integrity interest in whole, rather than interest in value and usability Tests for making distinction § 823 BGB
05.07.1978	BGH NJW 1978, 2241 VIII. Civil Senate (VIII ZR 172/77) = JR 1979, 199	Claimant bought used car from defendant; rear tyre not conforming to legal standard caused accident “Unexceptionable technical condition" guarantee of quality, not mere description, under § 459 and car not safe Claim under § 463 I Liability for absence of stipulated qualities not affected by written exclusions For failure to perform, limitation period ran from delivery, so time barred under § 477 Claim in tort under § 823 I Defective part caused harm to whole after property passed Unaffected by written exemptions and car being bought "as inspected" in view of statement as to condition §§ 463, 477, 823 BGB
11.01.1978	BGH NJW 1978, 1051 VIII. Civil Senate (VIII ZR 1/77) = JR 1978, 240	Defendant supplied impure sand for cladding of claimant's house No claim under statutory guarantees on sale of goods, as not possible or time barred under § 477 No claim under § 823 I as no harm to house Claimant's interest in material mixed with sand lost by mingling and processing Acquired new interest in cladding so harm to this was economic loss and not property damage § 823 BGB
24.11.1976	BGHZ 67, 359 VIII. Civil Senate (VIII ZR 137/75) Schwimmschalter -decision = NJW 1977, 379 = JZ 1977, 343 See VersR 1977, 358 for critical notes by Lieb and Rengier	Defendants supplied manufacturer with cleaning apparatus under warranty excluding other claims, which caught fire due to defective switch supplied by third party Contractual claims time barred under § 477 Objective breach of duty in tort Burden of proof on defendant to disprove § 823 I covered harm to apparatus itself Free from fault but containing defective switch causing damage after property passed Under contra proferentum (obscurity) rule, exclusion of liability did not affect claim in tort §§ 823, 824 BGB
30.05.1963	BGHZ 39, 366 VII. Civil Senate (VII ZR 236/61) = NJW 1963, 1827 = VersR 1963, 933, 1024	§ 823 BGB §§ 330, 367 Nr. 15 StGB
27.05.1963	BGHZ 39, 358 III. Civil Senate (III ZR 48/62) = NJW 1963, 1821 = JZ 63, 707 = VersR 1963, 973 See VersR 1963, 973 for a critical note by Rupp	Art. 34 GG § 839 BGB § 1 PrG über die Haftung des Staates für Amtspflichtverletzungenvom 1. August 1909