(1) In such case as a defect in a product causes a person's death, injury to his or her body or damage to his or her health, or damage to an item of property, the producer of the product has an obligation to compensate the injured person for the resulting damage. In case of damage to an item of property, this only applies if the damage was caused to an item of property other than the defective product and this other item of property is of a type ordinarily intended for private use or consumption und was used by the injured person mainly for his or her own private use or consumption.
(2) The producer's liability obligation is excluded if
1. the producer did not put the product into circulation,
2. under the circumstances it can be assumed that the defect which caused the damage did not exist at the time when the producer put the product into circulation,
3. the product was neither manufactured by the producer for sale or any other form of distribution for economic purpose nor manufactured or distributed by the producer in the course of his or her professional activity,
4. the defect is due to compliance of the product with mandatory regulations at the time when the producer put the product into circulation or
5. the state of scientific and technical knowledge at the time when the producer put the product into circulation was not such as to enable the defect to be discovered.
(3) The obligation to pay damages of the producer of a component part is also excluded if the defect is attributable to the design of the product in which the component has been fitted or to the instructions given by the manufacturer of the product. Sentence 1 applies accordingly to the producer of a raw material.
(4) The injured person bears the burden of proving the defect, the damage and the causal relationship between defect and damage. If it is disputed whether the obligation to pay compensation is excluded under subsection (2) or (3), the producer bears the burden of proof.