Productaansprakelijkheid

Product liability is governed by Articles 6:185 to 6:193 of the Dutch Civil Code and originates from the European Product Liability Directive. A producer is liable for damage caused by a defective product, unless it proves that the defect did not exist when the product was put into circulation or that the defect is attributable to a mandatory statutory provision.

This regime is relevant because it affords victims a robust basis for claiming compensation without the need to establish fault or the existence of a contract. In doing so, the law promotes product safety and provides consumers and other users with effective protection against dangerous products.

In practice, product liability is frequently invoked in cases of personal injury or property damage caused by defective appliances, medicinal products, foodstuffs or machinery. Lawyers assess whether a defect exists, who qualifies as the producer and the time limit within which the claim must be brought.