If a defective product causes damage, the producer can be held liable for it. This applies to both personal injuries and damage to property. It is not necessary to prove that the producer was negligent.
What does product liability entail?
Product liability, as laid down in article 6:185 of the Dutch Civil Code, means that a producer is responsible for damage caused by a defect in its product. This is a form of strict liability, where fault on the part of the producer does not need to be proven.
When do we speak of a defective product?
A product is considered defective if it does not provide the safety that can reasonably be expected. This is assessed on the basis of:
- The way in which the product is presented
- The use that can normally be expected
- The time at which the product was brought onto the market
What damage is compensated?
- Personal injury - Full compensation possible
- Damage to property - Compensation above a deductible of €500, only for personal belongings
- Damage to the product itself - Not covered by product liability, but possibly under warranty or non-conformity
Who can be held liable?
Liability lies with:
- The manufacturer of the product
- The importer (for products from outside the EU)
- The seller (if the producer or importer is not known)
Possible defenses of the producer
A producer can rely on:
- The defect was not present when the product was supplied
- Development risk: the defect was not detectable according to the state of scientific knowledge at the time
- The consumer's own responsibility
Time limit for filing a claim
A claim must be filed within 3 years after discovering the damage. After 10 years, the possibility to file a claim expires completely.
Frequently Asked Questions about Product Liability
When is a product considered defective under the law?
A product is defective if it does not provide the expected safety. This is determined by factors such as presentation, normal use and the market introduction date. Think of a stroller that is unstable during normal use or a device that unexpectedly fails. A judge weighs all relevant circumstances, such as instructions for use and warnings.
How do I prove that the producer is responsible for my damage?
It is not necessary to prove fault on the part of the producer. However, you must demonstrate that the product was defective, that you suffered damage and that there is a causal link between the defect and the damage. Keep evidence such as the product, photos and receipts. An expert report can be supportive. The producer must then prove that the defect is not attributable to it.
My device caused damage to my home. Can I file a claim?
Yes, if the damage results from a defect in the device and the damage exceeds €500. You can hold the producer liable for damage to your home or other personal property. Damage to the device itself is not covered by product liability, but may be under warranty. Ensure evidence of both the damage and the defect.
What if the producer claims that I misused the product?
The producer may argue that you did not use the product as intended. For example: if you used a device in an unsafe manner, your claim may be rejected. However, if the instructions for use were unclear or warnings were missing, the producer may still be held responsible. A judge decides on a case-by-case basis.
What is the deadline for filing a damage claim?
You have three years to file a claim from the moment you discover the damage. After ten years, your right to file a claim expires completely.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46