Article 5 Rome II deviates for product liability: the law of the place where the product causes damage always applies, regardless of places of residence. This uniformises claims for defective goods, also in vibrant student cities like Leiden.
Application in Case of Injury in Leiden
A Chinese electronic device, purchased from a German webshop, causes injury during use in a Leiden home or on the university campus: Dutch law applies. No exceptions as with general torts. In Leiden, with its many international students and commuters, imported products from AliExpress or Amazon often carry a risk of defects.
Product liability covers defective production, design or incorrect product information. EU Directive 85/374/EEC harmonises rules, but national nuances via Rome II remain crucial, especially in high-consumption regions like the Randstad.
Higher compensation possible under Dutch law compared to lower amounts in Eastern Europe. Proof of the defect lies with the victim, which is particularly relevant in Leiden due to the proximity of legal expertise at Leiden University.
Case C-183/15: Court confirms strict place-of-the-act rule. Companies strategically locate production to minimise liability, while Leiden law firms handle claims efficiently.
Advice for Leiden consumers: always document the purchase location and keep invoices for claims at the subdistrict court in Leiden.