Damage from a defective product or an unsafe structure can lead to liability of the owner or producer. This falls under strict liability, where fault is not always required.
Liability for Unsafe Buildings
Under Article 6:174 of the Dutch Civil Code (BW), the possessor of a defective building, such as a building or infrastructure, may be liable for the damage caused.
Conditions for Liability
| Condition | Explanation |
|---|---|
| Building | For example, a house, viaduct, or street. |
| Defect | The building does not meet safety standards. |
| Damage Caused by Defect | The defect has led to injury or material damage. |
| Responsible Possessor | The person who manages or uses the building. |
Practical Examples
- A balcony that collapses due to lack of maintenance.
- Roof tiles that fall down.
- A loose pavement tile that causes a fall.
- An unsafe staircase in a building.
- A pothole in the road surface.
Liability for Defective Movable Objects
Article 6:173 BW addresses responsibility for damage caused by defective, movable objects.
Conditions for Liability
| Condition | Description |
|---|---|
| Movable Object | Objects that can be moved. |
| Defect | The object does not meet reasonable expectations. |
| Knowledge of Defect | The possessor knew or should have known of the defect. |
| Causation of Damage | There must be a direct connection between the defect and the damage. |
Examples from Practice
- A chair that breaks under normal use.
- A defective battery that causes a fire.
- A broken playground apparatus.
- Tools that fail and cause injury.
Responsibility of Producers
Producers may be liable for defective products under Article 6:185 et seq. BW, also known as product liability.
Key Aspects
| Feature | Explanation |
|---|---|
| Liable Party | Producer or EU importer. |
| Defective Product | The product does not provide the expected safety. |
| Own Risk | The first €500 in damages is not compensated. |
| Prescription Period | Claim must be filed within 3 years after discovery of the damage. |
| Extinction Period | Maximum 10 years after introduction of the product. |
Examples of Product Liability
- A battery that explodes and causes injury.
- Defective brakes on a bicycle.
- Harmful substances in children's toys.
- An airbag that does not work in an accident.
- Medical implants with manufacturing defects.
Assessment of Hazard Creation: Manhole Criteria
Liability for creating hazardous situations is tested against the Manhole Criteria.
Assessment Criteria
- Chance of Damage: How likely is it that damage will occur?
- Severity of Damage: What are the possible consequences?
- Cost of Precaution: How difficult is it to take preventive measures?
- Utility of Activity: What is the social value of the conduct?
Responsibility of Road Authorities
Road authorities may be liable for damage due to defects in roads or infrastructure.
Examples of Defects
- Damage from holes in the asphalt.
- Missing or damaged guardrails.
- Slippery roads due to lack of gritting.
- Inadequate or unclear road markings.
- Trees that fall onto the roadway.
Limitations on Liability
A road authority can avoid liability if the defect was unknown and could not have been discovered, provided regular inspections are carried out.
Steps in Case of Damage from Defective Objects
If you suffer damage from a defective product or building, follow this procedure:
Steps to Take
- Document the situation with photos and witness statements.
- Preserve the defective item as evidence, if possible.
- Identify the owner or manufacturer of the product.
- Send a written notice of liability.
- Gather evidence of the defect and the damage.
- Seek legal assistance in Westland if the claim is rejected.
Practical Advice
- Take photos immediately of the defect and the circumstances.
- Keep the defective product safe as evidence.
- Collect statements from people who witnessed the incident.
- Notify the manager or producer of the problem.
- File a claim in time to prevent prescription.
- Also consider holding the seller liable in case of product defects.
Frequently Asked Questions about Personal Injury in Westland
What are my rights regarding returns?
For online purchases, you have a 14-day cooling-off period without giving a reason, except for statutory exceptions.
How long is the warranty on products?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at the time of delivery.