If a defective product in Utrecht causes damage, the producer can be held responsible for it. This applies to both personal injury and property damage to other property. As a consumer, you do not need to prove negligence on the part of the producer.
What does product liability entail?
Product liability, regulated in Article 6:185 of the Dutch Civil Code, means that a producer is liable for damage caused by a defect in its product. This is a form of strict liability, where the producer's fault is not relevant.
When is a product considered defective?
A product is considered defective if it does not provide the expected safety. This is determined based on:
- The way 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 compensated?
- Personal injury - Full compensation possible
- Damage to other property - Compensation from €500, only for private use
- Damage to the product itself - Not covered under product liability, but possibly under non-conformity
Who can be held liable?
Responsibility lies with:
- The manufacturer or producer
- The importer (for products from outside the EU)
- The supplier (if the producer or importer is unknown)
Possible defenses of the producer
A producer can rely on:
- The defect was not present at the time of sale
- Development risk (defect was not detectable with the knowledge available at the time)
- The consumer's own responsibility
Deadline for filing a claim
A claim must be filed within 3 years after discovering the damage. After 10 years, your right to claim expires completely.
Frequently Asked Questions about Product Liability in Utrecht
What makes a product defective according to the law?
A product is defective if it does not provide the safety that you may expect. This depends on the presentation, the intended use, and the market introduction date. For example: a stroller that collapses during normal use or a device that spontaneously catches fire can be called defective. A judge weighs all relevant factors.
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 between the defect and the damage. Keep evidence such as photos, receipts, and the product itself. An expert can help with a report. The producer must prove that the defect is not their responsibility.
My dishwasher caused a leak. Can I hold the producer accountable?
Yes, if the dishwasher's defect caused the leak and the damage exceeds €500. You can claim damage to your home or property, but not the repair of the dishwasher itself. For that, you can rely on warranty. Ensure you have evidence of the damage and the defect.
What if the producer claims I misused the product?
The producer can argue that you used the product incorrectly. For example: submerging a device in water when that is not intended. However, if the instructions were unclear or warnings were missing, the producer may still be liable. A judge decides on a case-by-case basis.
What is the deadline for filing a damage claim?
You have 3 years from discovering the damage to file a claim. After 10 years, your right to claim expires completely.
Relevant institutions in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht