When a defective product or an unsafe construction causes personal injury, the owner or manufacturer may be held responsible. This falls under strict liability, where fault is not always necessary for liability.
Liability for Buildings and Constructions
Under Article 6:174 of the Civil Code (BW), the possessor may be liable for damage caused by defective buildings or infrastructure.
Conditions for Liability
| Criterion | Explanation |
|---|---|
| Building | Think of houses, bridges, roads or walls. |
| Defect | The building does not meet reasonable safety standards. |
| Damage due to Defect | The defect has directly caused damage. |
| Responsible Possessor | The person who possesses or uses the building. |
Practical Examples
- A balcony that collapses in Zoetermeer.
- Roof tiles that fall down.
- A damaged pavement tile that causes a fall.
- An unsafe staircase in a local building.
- A pothole in a Zoetermeer road.
Liability for Defective Objects
Article 6:173 BW addresses liability for defective movable property, i.e., movable objects.
Conditions for Liability
| Condition | Description |
|---|---|
| Movable Property | Objects that can be moved. |
| Defect | The object does not meet the expected standards. |
| Awareness of 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 of Incidents
- A chair that breaks during use.
- A battery that leaks and causes a fire.
- A defective playground equipment on a playground in Zoetermeer.
- A piece of faulty equipment.
Responsibility of Manufacturers
Manufacturers may be liable for defective products under Article 6:185 et seq. BW, also known as product liability.
Key Aspects
| Feature | Explanation |
|---|---|
| Responsible Party | The manufacturer or EU importer. |
| Defect | The product is more unsafe than expected. |
| Own Risk | The first €500 in damage is not compensated. |
| Prescription | Claim within 3 years after discovery of damage. |
| Extinction | Maximum 10 years after introduction of the product. |
Examples of Product Defects
- A battery that explodes.
- A bicycle brake that does not work.
- Toys with harmful substances.
- An airbag that does not deploy.
- Defective implants in healthcare.
Assessment of Dangerous Situations
When creating dangerous situations, liability is determined based on the so-called cellar hatch criteria.
Assessment Criteria
- Chance of Damage: How likely is it that something will go wrong?
- Severity of Damage: How serious can the consequences be?
- Effort of Precaution: How difficult is it to take preventive measures?
- Utility of Activity: What is the social value of the activity?
Responsibility of Road Authorities in Zoetermeer
Road authorities, such as the municipality of Zoetermeer, may be liable for defects in roads or cycle paths.
Examples of Defects
- Potholes in the road surface in Zoetermeer.
- Missing or damaged guardrails.
- Icy roads due to lack of gritting.
- Illegible or missing road markings.
- Trees that fall on the road after a storm.
Limitations on Liability
The road authority may argue that the defect was unknown and could not have been discovered, provided regular inspections take place.
Steps in Case of Damage in Zoetermeer
If you suffer personal injury due to a defect, follow this procedure:
Steps to Take
- Document the situation with photos and witnesses.
- Preserve the defective item as evidence.
- Find out who the owner or manufacturer is.
- Notify the responsible party in writing.
- Gather evidence of the defect and the damage.
- Seek legal assistance if rejected, for example via Juridisch Loket Zoetermeer.
Practical Advice
- Take pictures immediately of the defect and the surroundings.
- Keep the defective object as evidence.
- Ask witnesses for statements.
- Notify the owner or manufacturer of the problem.
- File a claim in time to prevent prescription.
- Also consider holding the seller accountable in case of product defects.
Frequently Asked Questions about Personal Injury in Zoetermeer
What are my rights regarding returns?
For online purchases, a 14-day cooling-off period applies without reason, except for statutory exceptions.
How long is the warranty period?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest on debts.