Service
Product-liability counsel (PrHG).
Pharma and MedTech products carry product-liability exposure across the supply chain. The firm advises on and defends that exposure under the Swiss PrHG and the OR: allocating liability across the supply chain, coordinating recalls and field-safety corrective actions, and defending product-liability claims.
Who this is for
- Pharma and MedTech manufacturers and importers managing product-liability exposure.
- Companies coordinating recalls or field-safety corrective actions (FSCAs).
- Defendants in product-liability claims.
What's included
- Liability risk assessment: mapping the exposure that follows from producer liability for defective products (Art. 1 PrHG) together with the contractual and tort rules of the OR that run alongside it.
- Supply-chain allocation: structuring who bears which risk between manufacturer, importer and supplier, the persons the PrHG treats as producer (Art. 2 PrHG), through recourse and indemnity clauses in the supply and distribution contracts.
- Statutory defences: positioning the documentation and evidence for the exceptions from liability (Art. 5 PrHG), including the development-risk defence that the defect could not have been recognised by the state of science and technology when the product was placed on the market.
- Recall and FSCA coordination: the legal side of recalls and field-safety corrective actions (communications, documentation and liability posture), run alongside the client's regulatory and quality teams.
- Claims defence: defending product-liability claims, across related claims on a capped monthly retainer, with matter-specific litigation quoted per matter.
- Prevention: feeding the lessons from claims and near-misses back into contracts, instructions and warnings documentation.
How it works
- Risk review. The firm assesses product-liability exposure across the supply chain and contracts.
- Allocation. The firm structures liability allocation between manufacturer, importer and distributors.
- Recall / FSCA. The firm coordinates the legal side of recalls and field-safety corrective actions.
- Defence. The firm defends product-liability claims, quoted per matter.
- Prevention. The firm feeds lessons back into contracts and documentation.
Indicative pricing
Capped defence retainer; hourly beyond scope
CHF 8,000 to 15,000 / month
Defence across related claims on a capped monthly retainer; hourly advisory beyond the retainer scope at CHF 700 to 1,000 / hour.
Indicative starting prices, net and exclusive of Swiss MWST (VAT) where applicable; final fee per written engagement letter.
Frequently asked questions
- What law governs product liability in Switzerland?
- Swiss product liability rests principally on the PrHG, which establishes liability for damage caused by defective products (Art. 1 PrHG), alongside the general contractual and tort rules of the OR. The firm works from both; specific provisions are confirmed at engagement.
- Who is liable along the supply chain?
- Liability can attach to manufacturers, importers and, in defined circumstances, suppliers (Art. 2 PrHG). How it is allocated between them depends on the PrHG framework and on the contracts in place, which is why liability allocation and contract drafting are part of the advisory work, not just claims defence.
- What should be done when a recall or FSCA is needed?
- A recall or field-safety corrective action has both a regulatory and a liability dimension. The firm coordinates the legal side (communications, documentation and liability posture) alongside the client's regulatory and quality teams so the response is consistent.
- Can product liability be excluded or capped by contract?
- Not toward the injured person: agreements that limit or exclude liability under the PrHG vis-à-vis the injured party are void (Art. 8 PrHG). What can be shaped by contract is the allocation between the commercial parties in the supply chain, through recourse and indemnity clauses between manufacturer, importer and distributors, which is why supply-chain contract drafting is part of the advisory work rather than an afterthought to claims defence.