Productaansprakelijkheid
The statutory product liability framework determines who is liable when damage occurs as a result of a defective product. This also applies to lifting equipment. The framework also sets out the conditions under which an injured party may submit a claim. Below, you can read who is considered a producer under the law and which types of damage and limitation periods apply.
Who is Liable under the Framework
Book 6 of the Dutch Civil Code, Article 185 et seq., incorporates the EC Product Liability Directive into Dutch legislation. This framework is intended, among other things, to protect consumers. The producer is liable for damage suffered by third parties as a result of a defect in their product. Product liability covers damage caused by the defect and not damage to the product itself. Damage to the product itself is covered by the warranty provisions.
Not only the manufacturer, but also the importer may be considered a producer when the importer brings the product into the European Community. A company that places its name, trademark or another identifying mark on the product is also considered a producer. If the supplier does not identify the actual producer within a reasonable period, each supplier is considered a producer.
Under this framework, the injured party does not have to demonstrate that the producer was at fault. It is only necessary to demonstrate that damage occurred, that the product was defective and that the damage was caused by this defect.
What Damage and Which Time Limits Apply
The framework initially concerns damage to persons (personal injury), but it also applies when damage has been caused to other property. A minimum damage threshold of €500 applies. A claim must be submitted to the producer or importer within three years of the damage occurring. Once this period has expired, the right to bring a claim under product liability lapses.
Consequential losses, such as loss of profit, replacement costs and downtime losses, do not fall under product liability. Such losses can, however, be regulated contractually between the supplier and the customer.
When determining whether a defect exists, various circumstances are taken into account, including:
- the way in which the product has been presented, such as advertising and instructions for use containing warnings (misuse is excluded in this respect).
In the case of personal injury, including injury or death, the producer is always liable, both when the damage occurs in a business context and in a private context.
Product Liability for Lifting Equipment
For lifting equipment, product liability may arise, among other things, when a defect in the design, construction, materials used or accompanying documentation (such as instructions for use and warnings) results in damage. Incorrect or incomplete safety information may also be considered a defect in the product.
Product liability applies exclusively to damage caused by a defect in the lifting equipment itself. Damage resulting from incorrect use, improper maintenance or unauthorised modifications to the product does not, in principle, fall under this framework.
Questions about Product Liability
Do you have questions about product liability or would you like to know what this framework means in your situation? Please feel free to contact EKH Industry Association for clarification and support.
For additional information about general commercial liability, we also recommend visiting the General Commercial Liability page.