If a defective product causes damage, the producer can be held responsible for it. This includes both physical injuries and damage to property. Proof of fault on the part of the producer is not required.
What does product liability entail?
Product liability, as laid down in Article 6:185 of the Dutch Civil Code, means that a producer is liable for damage caused by a defect in its product. This is a form of strict liability, where fault plays no role.
When do we speak of a defective product?
A product is considered defective if it does not provide the expected safety. This is determined on the basis of:
- The way in which the product is presented
- The use that may reasonably be expected
- The time of introduction onto the market
What damage is compensated?
- Personal injury - Full compensation
- Damage to property - Compensation above a deductible of €500, only for private matters
- Damage to the product itself - Not covered by product liability, but possibly under warranty or non-conformity
Who can be held liable?
The following may be held responsible:
- The manufacturer of the product
- The importer (for products from outside the EU)
- The seller (if the producer or importer is unknown)
Possible defenses of the producer
A producer can rely on:
- The defect was not present at the time of sale
- Development risks (the defect was not detectable with the knowledge available at the time)
- The consumer's own responsibility
Time limit for claims
A claim must be filed within 3 years after discovery of the damage. After 10 years, the right to claim expires completely.
Frequently asked questions about product liability
When is a product defective according to the law?
A product is defective if it does not provide the safety that you may expect. This depends on the presentation, the use, and the time of market introduction. Think of a child seat that is unstable or a device that overheats during normal use. A judge weighs all relevant factors.
How do I prove that a producer is liable for my damage?
You do not need to prove fault, but you do need to prove that the product was defective, that you suffered damage, and that the defect caused it. Keep evidence such as photos, receipts, and the product itself. An expert can help with a report. The producer must then prove that the defect is not their responsibility.
My device caused damage to my house. Can I sue the producer?
Yes, if the defect in the device caused the damage and it exceeds €500. Damage to private property such as furniture can be compensated, but damage to the device itself falls under warranty or non-conformity. Document everything well.
What if the producer claims that I used the product incorrectly?
The producer can argue that you did not use the product correctly. For example, using a device in a way not intended. But if the manual was unclear or warnings were missing, the producer may still be responsible. This is assessed on a case-by-case basis.
What is the deadline for filing a damage claim?
You have three years from the discovery of the damage to file a claim. After ten years, your right to claim expires completely.
Relevant authorities in Westland: For legal assistance, you can go to the Juridisch Loket Westland. Disputes can be submitted to the District Court of The Hague (district).