Tort

According to the ABGB, product liability - applying tort law principles based on §§ 1295 ABGB - can be established only if the plaintiff (who suffered the damage) is able to prove all of the following: the existence of harm, a product defect, a causal link between the two as well as unlawfulness and fault on the producer's part or on the part of his employees. Claims based on tort law have a smaller chance of succeeding in court as compared to the alternative options provided by law, since fault will typically be hard to establish, in particular in light of rather restrictive rules on vicarious liability in mere tort settings.