In Zoetermeer, you can hold a producer liable if a defective product causes damage. This includes both bodily injury and damage to personal property. It is not necessary to prove that the producer was negligent.
What does product liability entail?
Product liability, as laid down in Article 6:185 of the Dutch Civil Code, means that a producer is responsible for damage caused by a defect in its product. This is a form of strict liability, where fault on the part of the producer is not required.
When is a product considered defective?
A product is defective when it does not provide the expected safety. This is assessed on the basis of:
- The manner in which the product is presented
- The use that can reasonably be expected
- The time of introduction onto the market
What damage is compensated?
- Bodily injuries - Full compensation
- Damage to property - Compensation above €500, only for private property
- Damage to the product itself - Not covered by product liability, but possibly under warranty or non-conformity
Who can be held liable?
In Zoetermeer, you can hold the following parties liable:
- The manufacturer of the product
- The importer (for products from outside the EU)
- The seller (if the producer or importer cannot be traced)
Possible defences of the producer
A producer in Zoetermeer can raise various defences, such as:
- The defect was not present at the time of sale
- The defect was not detectable according to the state of scientific knowledge at the time (development risk)
- Fault lies with the consumer due to improper use
Time limit for filing a claim
In Zoetermeer, a claim becomes time-barred three years after the discovery of the damage. After ten years, your right to claim expires completely.
Frequently Asked Questions about Product Liability in Zoetermeer
When is a product considered defective under the law?
A product is defective if it does not provide the safety that may be expected. This depends on the presentation, the use, and the introduction date. For example: a stroller that collapses during normal use or a device that causes a short circuit may be defective. The court in The Hague assesses this on a case-by-case basis.
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. Keep evidence such as photos, receipts, and the product itself. An expert can help. The producer must prove that the defect is not their fault.
My dryer caused fire damage. Can I file a claim?
Yes, if the fire damage is caused by a defect in the dryer and the damage exceeds €500. Damage to private property can be compensated, but damage to the dryer itself falls under warranty or non-conformity. Document everything thoroughly.
What if the producer claims I used the product incorrectly?
The producer may argue that you did not use the product correctly. For example: using a device in water when that is not permitted. However, if instructions were unclear or warnings were missing, the producer may still be held responsible. This is assessed on a case-by-case basis by the court in The Hague.
What is the deadline for filing a damage claim?
You have three years from the discovery of the damage to file a claim. After ten years, your right expires completely, even in Zoetermeer.
For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Disputes are often handled by the District Court of The Hague.