Strict Liability for Products for Rijswijk Residents
Strict liability for products means that the manufacturer or importer in Rijswijk and surrounding areas is directly responsible for injury or damage caused by a defective product. Consumers from Rijswijk do not need to prove any fault on the producer's part, thanks to this robust protection against unsafe goods.
Legal Basis in the Netherlands
This strict liability is laid down in the Dutch Civil Code (DCC), Book 6, Title 3, Section 3 (Articles 6:185 to 6:194 DCC), based on EU Directive 85/374/EEC. Since 1990, it has applied to all residents, including those of the Municipality of Rijswijk, strengthening consumer rights.
Key articles:
- Art. 6:185 DCC: Definition of product and basic liability.
- Art. 6:186 DCC: Requirements such as defect, damage, and causation.
- Art. 6:188 DCC: Limitation periods.
What Counts as a Product?
Art. 6:185(1) DCC defines a product as "a movable item produced in the course of business." This includes appliances like washing machines or toys from Rijswijk stores, as well as components. Services, buildings, or blood products are excluded; game software is also outside scope.
Requirements for a Claim
For a valid claim in Rijswijk, three elements must be met:
- Defect: The product does not provide the expected safety (Art. 6:186 DCC), taking into account packaging, instructions, and normal useful life.
- Damage: Personal injury, death, or damage to other property (Art. 6:187 DCC); pure financial loss is not covered.
- Causation: The defect caused the damage.
Primarily liable: the producer. Unknown? Then the seller in Rijswijk.
Real-World Examples
Your blender from a Rijswijk store explodes due to a flaw, causing burns and kitchen repairs. No need to prove fault: the defect makes the manufacturer liable for costs.
Or a children's bike with faulty brakes from a local supplier: Rijswijk parents claim against the importer, even after two years, within the deadline.
Comparison with Other Liability
Overview in table:
| Type | Proof Required from Consumer | Requirements | Rijswijk Example |
|---|---|---|---|
| Strict Liability (6:185 DCC) | Defect + damage | No fault required | Defective washing machine causes flooding |
| Fault-Based Liability (6:162 DCC) | Prove fault | Negligence | Faulty installation by technician |
| Warranty Law (7:17 DCC) | Non-conformity | Within term | TV fails to meet specs |
Rights and Obligations
Rights for Rijswijk Residents:
- Full compensation, including pain and suffering.
- No cap, except for property under €500 (Art. 6:187(2) DCC).
- Claims can be bundled.
Obligations:
- Report immediately.
- Provide evidence like photos or reports.
- Normal use.
General terms and conditions cannot block this.
Limitation Periods
3 years from knowledge of damage and liable party (Art. 6:188 DCC); maximum 10 years from market launch. Keep receipts and the product!
Frequently Asked Questions
Difference from warranty?
Warranty: non-conformity (7:17 DCC). Strict liability: safety defects, assessed objectively.
How to claim in Rijswijk?
Send a registered letter to the producer with evidence. Unsure? Contact Rijswijk Legal Aid Office or a lawyer. Minor cases: Rijswijk District Court.
Second-Hand Products?
Yes, if defect and deadlines are met. Seller liable if producer unknown.
Foreign Product?
Dutch importer primarily; otherwise EU producer.
Tips for Rijswijk Residents
Maximize your rights:
- Retain evidence: Receipt, photos, serial number.
- Report promptly: Note date and details.
- Inspection: Via certified bodies like TÜV.
- Seek help: Start at Rijswijk Legal Aid Office or Municipality of Rijswijk for advice.