Product liability is the liability of a producer for damage caused by a defect in his product.
on the basis of the European directive 85/374 / EEC and articles 6: 185-6: 193 DCC, the producer is liable as soon as a product put into circulation by him shows a defect and thereby causes damage, whether or not there is a fault or culpability on his side. This concerns damage caused by death or personal injury or property that is used by a consumer.
This special arrangement involving strict liability has a number of exceptions. The producer is not liable if:
The liability of the producer can be reduced or canceled if the damage is caused by a defect in the product as well as by fault of the injured person or a person for whom the injured person is liable.
The producer of a product. According to the law that is:
One of the requirements for the right to compensation under Section 6: 185 of the Dutch Civil Code is that the product must be defective. Article 6: 186 paragraph 1 of the Dutch Civil Code stipulates that a product is defective, if it does not offer the safety that can be expected from it, taking all circumstances into account and in particular:
The second paragraph of Article 6: 186 of the Dutch Civil Code states that a product may not be considered as defective solely because a better product was subsequently put on the market.
If none of the exceptions occurs, liability is a fact. The purpose of the scheme is to guarantee a minimum level of protection for consumers. In addition, the consumer retains the right to assert his rights in another way, such as by addressing someone else or by invoking an unlawful act.
Defective products can of course also cause damage that falls outside of this legal regulation, such as company property. Liability may also be involved, but the claimant will then have to fall back on tort or unlawful act. The Supreme Court has delivered a number of standard judgments on the marketing of defective products, such as the Moffenkit (NJ 1966/279), Du Pont / Hermans (NJ 1997/219), Koolhaas / Rockwool (NJ 2000/159) and Haagman / Vaessen (NJ 2000/644).
It follows from the judgments that a producer acts unlawfully by putting a product on the market that causes damage during normal use for the purpose for which it was intended. It follows from the Du Pont / Hermans judgment that this must be in line with the criterion of defect in the legislation on product liability, that is to say that a product is defective - and the person placing it on the market - acts unlawfully - if the product does not offer the safety that one may expect from it (Article 6: 186 of the Dutch Civil Code). The issue here is whether the product has the property of causing no damage to persons or property (safety).
Business disputes about defective products can therefore also be submitted to the court and in fact are brought to the courts regularly.
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