Waarschuwingsplicht

The duty to warn forms part of the general duty of care under Dutch civil law and derives from Article 6:162 of the Dutch Civil Code. A party that creates or controls a potentially hazardous situation must adequately warn third parties so that they may protect themselves against the associated risks. Failure to discharge this duty may constitute a tort and give rise to liability.

In practice, the duty to warn arises in matters of product liability, medical treatment, construction projects and occupational health and safety. A clear and timely warning may limit or exclude liability, whereas its absence frequently forms the basis for claims for damages. Lawyers therefore routinely examine, in liability proceedings, whether this duty has been fulfilled.