(1) Where fault on the part of the injured person contributes to the occurrence of the damage, section 254 of the German Civil Code applies; in case of damage to property, the fault of the person who exercises actual control over the item of property is deemed to be equal to the fault of the injured person.
(2) The liability of the producer is not reduced when the damage is caused both by a defect in the product and by the act or omission of a third party. Section 5 sentence 2 applies accordingly.