When a defective product or unsafe structure causes personal injury in Rijswijk, the owner or manufacturer may be held responsible. This falls under strict liability, where fault is not always required for liability.
Liability for Immovable Property
Under Article 6:174 of the Dutch Civil Code (BW), the possessor is liable for damage caused by defective immovable property, such as buildings or other structures.
Conditions for Liability
| Criterion | Explanation |
|---|---|
| Immovable Property | For example, a house, bridge, or public road. |
| Defect | The object does not meet the expected safety standards. |
| Damage Caused by Defect | The defect has directly led to injury or damage. |
| Responsible Possessor | The person who manages or possesses the property. |
Practical Examples
- A collapsing terrace.
- Roof tiles falling down.
- A damaged sidewalk tile causing a fall.
- An unsafe staircase in a building.
- A pothole in the road surface.
Liability for Movable Objects
Article 6:173 BW addresses liability for defective movable items in Rijswijk and surrounding areas.
Conditions
| Condition | Description |
|---|---|
| Movable Object | Objects that can be moved. |
| Defect | The object does not meet the expected quality. |
| Awareness of Defect | The owner knew or should have known about the defect. |
| Damage Caused by Defect | There must be a direct connection between the defect and the damage. |
Examples
- A chair that breaks under normal use.
- A leaking battery causing a fire.
- A defective playground apparatus.
- A broken tool causing injury.
Producers' Liability
Producers may be liable under Article 6:185 et seq. BW for defective products causing damage.
Key Aspects
| Feature | Explanation |
|---|---|
| Responsible Party | The manufacturer or EU importer. |
| Defect | The product does not provide the expected safety. |
| Own Risk | The first €500 of damage is not compensated. |
| Prescription | Claim within 3 years after discovery of the damage. |
| Extinction | Maximum 10 years after introduction of the product. |
Examples of Product Defects
- A battery that explodes.
- A bicycle brake that does not work.
- Harmful substances in children's toys.
- An airbag that does not function.
- Defective implants in the medical sector.
Assessment of Risk Creation
When creating dangerous situations, the Kelderluik criteria are applied to determine liability.
Assessment Criteria
- Chance of Damage: How likely is it that damage will occur?
- Severity of Damage: How serious can the injury be?
- Difficulty of Prevention: How difficult is it to take precautionary measures?
- Utility of Activity: What is the societal value of the action?
Responsibility of Road Authorities in Rijswijk
Road authorities in Rijswijk are responsible for damage caused by defects in roads or cycle paths.
Examples of Defects
- Cracks or holes in the road surface.
- Missing or damaged guardrails.
- Slippery roads due to lack of gritting.
- Inadequate or unclear road markings.
- Dangerous obstacles such as fallen trees.
Limitations
A road authority can avoid liability if the defect was unknown and could not reasonably have been discovered, provided regular inspections are carried out.
Steps in Case of Damage
If you suffer damage in Rijswijk due to a defect, follow this procedure:
Process Steps
- Document the situation with photos and witnesses.
- Preserve the defective object as evidence.
- Find out who the owner or producer is.
- Hold the responsible party liable in writing.
- Gather evidence of the defect and the damage.
- Seek legal assistance at Juridisch Loket Rijswijk if the claim is rejected.
Practical Advice
- Take photos immediately of the defective object and surroundings.
- Keep the defective product as evidence.
- Collect statements from witnesses in Rijswijk.
- Report the defect to the owner or producer.
- Submit a claim in time to prevent prescription.
- In case of product defects: also consider holding the seller accountable.
Frequently Asked Questions in Rijswijk
What are my rights regarding returns?
For online purchases, a 14-day cooling-off period applies without giving a reason, except for statutory exceptions.
How long is the warranty period?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest on outstanding debts.