When a defective product or unsafe construction in Utrecht causes damage, the owner or manufacturer can be held responsible. This falls under strict liability, where fault is not always necessary for liability.
Liability for Constructions
According to Article 6:174 of the Dutch Civil Code (BW), one can be liable for damage caused by defective buildings or other structures in Utrecht.
Conditions for Liability
| Condition | Explanation |
|---|---|
| Construction | Think of a building, viaduct, street, or quay. |
| Defect | The construction does not meet the expected standards. |
| Damage due to Defect | The defect has led to injury or damage. |
| Responsible Owner | The person who manages or owns the construction. |
Practical Examples
- A collapsing terrace in Utrecht.
- Roof tiles falling down.
- A damaged pavement tile causing a fall.
- A defective staircase in a building.
- A pothole in a Utrecht street.
Liability for Movable Property
Article 6:173 BW addresses liability for defective movable items in Utrecht.
Conditions
| Condition | Description |
|---|---|
| Movable Object | Objects that can be moved. |
| Defect | The object does not meet the expected quality. |
| Known Defect | The owner knew or should have known about the defect. |
| Damage due to Defect | There must be a direct connection between the defect and the damage. |
Examples in Utrecht
- A broken chair that collapses.
- A leaking battery that causes a fire.
- A defective playground equipment on a playground.
- A defective piece of tooling.
Responsibility of Producers
Producers can be liable under Article 6:185 et seq. BW for unsafe products in Utrecht.
Key Aspects
| Feature | Explanation |
|---|---|
| Responsible Party | Producer or EU importer. |
| Defect | The product does not provide the expected safety. |
| Own Risk | The first €500 of damage is not compensated. |
| Prescription Period | Claim within 3 years after discovery of damage. |
| Extinction Period | Maximum 10 years after introduction of the product. |
Examples of Product Damage
- A battery that explodes in Utrecht.
- A bicycle with defective brakes.
- Harmful substances in children's toys.
- A non-functioning airbag in a car.
- Problems with medical implants.
Assessment of Dangerous Situations
In Utrecht, liability in dangerous situations is assessed using the Kelderluik criteria.
Assessment Criteria
- Chance of Damage: How likely is it that something will go wrong?
- Impact of Damage: How serious can the damage be?
- Effort of Prevention: How difficult is it to take precautionary measures?
- Utility of Activity: What is the social value of the activity?
Responsibility of Road Authority
In Utrecht, the road authority can be liable for defects in roads or cycle paths.
Examples of Defects
- Potholes in the asphalt.
- No guardrails at dangerous points.
- Slippery roads due to lack of gritting.
- Illegible or missing road markings.
- Trees falling onto the road.
Limitations
The road authority can avoid liability if the defect was unknown and could not reasonably have been discovered, provided regular inspections take place.
Steps in Case of Damage
In case of personal injury due to a defect in Utrecht, follow this procedure:
Process Steps
- Document the situation with photos and witnesses.
- Preserve the defective object as evidence.
- Identify the owner or producer.
- Hold liable in writing.
- Gather evidence of the defect and damage.
- If refused, engage a lawyer in Utrecht.
Practical Advice
- Take photos immediately of the defect and location.
- Keep the defective item as evidence.
- Collect statements from witnesses in Utrecht.
- Report the problem to the responsible party.
- File a claim in time due to limitation periods.
- In case of product defects, also consider addressing the seller.
Frequently Asked Questions in Utrecht
What are my rights for returns?
For online purchases, you have a 14-day cooling-off period without reason, except for statutory exceptions.
How long is the warranty on products?
Products must function for at least 2 years. Defects within 6 months are presumed to have existed.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest on outstanding debts.
Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid Office: Juridisch Loket Utrecht, Catharijnesingel 55