Claims based on a defect or defective description of a product are governed at the option of the injured party:
by the law of the state in which the tortfeasor has their establishment or, in the absence of such establishment, their habitual residence; or
by the law of the state in which the product was acquired, unless the tortfeasor proves that the product was introduced in the market of that state without their consent.
If claims based on a defect or defective description of a product are governed by a foreign law, no compensation may be awarded in Switzerland beyond that which would be awarded for such kind of loss or damage pursuant to Swiss law.
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