Damage from a defective product or an unsafe structure can lead to liability of the owner or manufacturer. This falls under strict liability, where fault does not always play a role.
Liability for Unsafe Structures
Under Article 6:174 of the Dutch Civil Code (BW), the possessor of a defective structure (such as a building or bridge) may be liable for damage.
Conditions for Liability
| Condition | Explanation |
|---|---|
| Structure | For example, a house, viaduct, or sidewalk. |
| Defect | The structure does not meet safety standards. |
| Damage Caused by Defect | The defect has led to injury or damage. |
| Possessor Responsible | The person who manages or uses the structure. |
Practical Examples
- A balcony that collapses.
- Roof tiles that fall down.
- A loose sidewalk tile that causes a fall.
- An unsafe staircase in a building.
- A pothole in the road surface.
Liability for Defective Products
Article 6:173 BW addresses responsibility for defective movable property.
Conditions
| Condition | Description |
|---|---|
| Movable Property | Objects that are movable. |
| Defect | The product does not meet expectations. |
| Knowledge of Defect | The owner knew or should have known of the defect. |
| Damage Caused by Defect | There must be a direct connection between the defect and the damage. |
Examples of Defective Products
- A chair that breaks under you.
- A battery that leaks and causes a fire.
- A broken playground apparatus.
- A defective piece of equipment.
Responsibility of Manufacturers
Article 6:185 et seq. BW regulates the liability of manufacturers for unsafe products.
Key Aspects
| Feature | Explanation |
|---|---|
| Responsible Party | Manufacturer or EU importer. |
| Defect | Product does not meet safety expectations. |
| Own Risk | First €500 of damage is not compensated. |
| Prescription | Claim within 3 years after discovery of damage. |
| Extinction | Maximum 10 years after introduction of the product. |
Examples of Product Defects
- A battery that explodes.
- Defective brakes on a bicycle.
- Harmful substances in children's toys.
- A non-functioning airbag.
- Unsafe implants in healthcare.
Assessment of Risk Creation: Manhole Cover Criteria
When creating dangerous situations, liability is tested against the Manhole Cover Criteria.
Assessment Criteria
- Chance of Damage: How likely is it that something will go wrong?
- Impact of Damage: How serious can the consequences be?
- Effort of Prevention: How difficult is it to take measures?
- Utility of Activity: What is the societal value?
Responsibility of Road Authority
In Leiden, the road authority may be liable for defects in roads or bike paths.
Examples of Defects
- Potholes in the street.
- Missing or broken guardrails.
- Slippery roads due to lack of gritting.
- Inadequate road markings.
- Trees that fall onto the road.
Limitations
The road authority is not liable if the defect was unknown and could not have been discovered. However, regular inspections are mandatory.
Step-by-Step Plan in Case of Damage
If you suffer damage in Leiden from a defective product or structure, follow this procedure:
Steps to Take
- Document the situation with photos and witnesses.
- Preserve the defective item as evidence.
- Find out who the owner or manufacturer is.
- Hold this party liable in writing.
- Gather evidence of the defect and your damage.
- Seek legal assistance if rejected, for example via the Juridisch Loket Leiden (Stationsweg 46).
Practical Advice
- Take photos immediately of the defect and surroundings.
- Keep the defective product as evidence.
- Ask for statements from witnesses.
- Notify the owner or manufacturer of the defect.
- File a claim in time due to limitation periods.
- Also consider holding the seller liable in case of product defects.
Frequently Asked Questions in Leiden
What are my rights regarding returns?
For online purchases, you have a 14-day cooling-off period without reason, unless exceptions apply.
What is the duration of statutory warranty?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest on debts.
Relevant Institutions in Leiden:
Court: District Court of The Hague, Leiden Location
Juridisch Loket: Juridisch Loket Leiden, Stationsweg 46