If a defective product in Rijswijk causes damage, the producer can be held liable for it. This includes both personal injuries and property damage to other 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 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 plays no role.
When is a product considered defective?
A product is considered defective if it does not provide the expected safety. Relevant aspects include:
- The manner in which the product is presented
- The use that can reasonably be expected
- The time at which the product was brought onto the market
What damage is covered?
- Personal injury - Full compensation possible
- Damage to property - Compensation above a deductible of €500, exclusively for private use
- Damage to the product itself - Not covered under 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 cannot be traced)
Possible defences of the producer
A producer may rely on:
- The defect was not present at the time of sale
- Development risk (the defect was not detectable with the knowledge available at the time)
- The consumer's own responsibility
Time limit for filing a claim
A claim must be filed within 3 years after discovery of the damage. After 10 years, the right 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 safety that may be expected. This is assessed based on the product presentation, the use, and the introduction date. Think of a stroller that collapses or a device that overheats. The court weighs all factors, such as instructions and warnings.
How do I prove that the producer is responsible 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 there is a causal link. Keep the product, take photos of the damage, and retain receipts. An expert can help. The producer must prove that the defect was not their fault, for example due to subsequent damage.
My dryer caused fire damage. Can I file a claim?
Yes, if the fire damage was caused by a defect in the dryer and the damage exceeds €500. Damage to private property such as walls or furniture can be compensated. Damage to the dryer itself is not covered here, but possibly under warranty. Keep evidence of the defect and the damage.
What if the producer claims that I misused the product?
The producer may claim that you used the product incorrectly. For example, using a blender for something it is not intended for. However, if the instructions were unclear or warnings were missing, the producer may still be liable. This is assessed on a case-by-case basis by a court.
What is the deadline for filing a damage claim?
You have three years after discovery of the damage to file a claim. After ten years, this right expires completely.
Relevant authorities in Rijswijk: For legal assistance, you can contact the Juridisch Loket Rijswijk. Cases are often handled by the District Court of The Hague, under which Rijswijk falls.