When a defective product causes harm in the Netherlands, the law provides clear pathways for claiming compensation. If you suffer damage from a faulty product, you can claim compensation for personal injury, property damage, and related losses, with the manufacturer or importer typically bearing responsibility for amounts over €500.

Understanding these rights is essential whether you are a consumer seeking compensation or a business managing potential liability risks.

Dutch product liability law follows European standards, which means the rules are consistent with other EU countries but include specific procedures and requirements unique to the Netherlands. The system balances consumer protection with reasonable limits on manufacturer liability.

Important factors include who can be held responsible, what types of faults qualify for claims, and how long you have to take legal action.

This article explains how product liability works in the Netherlands, from identifying who is liable to understanding the claims process. You will learn about the types of compensation available, the defences manufacturers can use, and what to expect when pursuing a claim.

The information covers both consumer rights and manufacturer obligations, helping you navigate this area of law with confidence.

Understanding Product Liability in the Netherlands

Product liability in the Netherlands operates under a strict liability framework where manufacturers, importers, and sellers can be held responsible for damages caused by defective products.

The Dutch legal system incorporates EU directives into national law, creating a unified approach to consumer protection and compensation claims.

Legal Framework and Key Regulations

The Dutch Civil Code forms the foundation of product liability law in the Netherlands. Article 6:185 of the Dutch Civil Code implements the EU Product Liability Directive 85/374/EEC, establishing strict liability for manufacturers.

Under this framework, you don’t need to prove negligence. You only need to demonstrate three key elements: a defect existed in the product, you suffered harm, and the defect directly caused that harm.

The legal framework includes several important regulations:

• Product Liability Directive 85/374/EEC – The primary EU directive governing product liability across member states
• Dutch Civil Code (Article 6:185) – The national implementation of EU product liability rules
• General Product Safety Directive – Sets safety standards for products on the EU market
• Commodities Act – Regulates product safety requirements in the Netherlands

The new PLD updates are being implemented across EU member states, including the Netherlands. These changes aim to modernise product liability law for digital products and new technologies.

Scope of Product Liability

Product liability in the Netherlands covers specific types of damages and timeframes. You can claim compensation for death, personal injuries, and property damage caused by defective products.

Damages below €500 are the responsibility of the seller. Damages of €500 or more fall to the manufacturer or importer.

The law recognises three types of product defects:

• Manufacturing defects
• Design defects
• Inadequate instructions or warnings

You have 3 years from the date of the incident to file your claim. Manufacturer liability expires 10 years after the product first entered the market.

This 10-year limitation applies regardless of when you discovered the defect. Product liability under Dutch product liability law does not cover buildings or services.

If you import products from outside the EU, you are legally considered the manufacturer and bear full product liability.

Types of Products Covered

EU product liability applies to all movable goods placed on the European market. This includes both new and second-hand products, whether sold commercially or privately.

Covered products include:

• Consumer electronics and appliances
• Pharmaceuticals and medical devices
• Food and beverage items
• Toys and children’s products
• Vehicles and vehicle components
• Furniture and household goods

The Product Liability Directive excludes certain items. Buildings and immovable property fall outside the scope of product liability law.

Services are also not covered under these provisions. Raw agricultural products were initially excluded but are now covered under EU product liability rules.

Components and parts integrated into finished products fall under the same liability framework as complete products.

Grounds and Principles of Liability

Product liability in the Netherlands operates through multiple legal frameworks that determine when and how you can claim compensation. The system combines strict liability for defective products with traditional contractual and tort-based grounds, each offering different paths to recovery depending on your specific situation.

Strict Liability System

Strict liability forms the core of consumer protection under Dutch product liability law. This means you can claim compensation without proving the manufacturer was negligent or at fault.

You only need to demonstrate three elements: a defect existed in the product, you suffered damage, and the defect directly caused that damage. The law considers manufacturers, importers from outside the EU, and suppliers liable under this system.

If you import products into the EU, you’re legally treated as the producer and held to the same strict liability standards. This protection has clear boundaries.

Producers aren’t liable if the product was safe when first released but became defective later through deterioration. The system also excludes products not meant for commercial purposes and situations where the producer couldn’t reasonably have known about the safety issue.

Strict liability expires 10 years after the product first entered the market, and it doesn’t apply to buildings or services.

Contractual and Tort-Based Liability

You can pursue claims through contractual liability if you bought the product directly from a seller. This path relies on your sales agreement and the seller’s obligations to provide safe, fit-for-purpose goods.

These claims follow standard contract law principles found in the Dutch Civil Code. Tort-based liability offers another avenue when the Product Liability Directive doesn’t apply or provides insufficient coverage.

Under Article 6:162 of the Dutch Civil Code, you can claim damages if someone’s wrongful act caused you harm. This requires proving fault or negligence, which differs from the strict liability approach.

Companies and individuals can use tort claims to seek compensation beyond what strict liability covers.

Defining a Defective Product

A product is defective when it fails to provide the safety you’re entitled to expect. Common defects include missing safety provisions, inadequate or incorrect instructions for use, and absent warnings about potential dangers.

The assessment considers several factors:

• The product’s presentation and marketing claims
• The reasonably expected use of the product
• The time when the product was put into circulation

You don’t need to prove the product is completely unsafe. A product can be defective if it’s less safe than you reasonably expected, even if it still functions.

The focus remains on safety standards rather than quality or fitness for purpose, though these elements may overlap in practice.

Entities Liable under Dutch Law

Dutch law casts a wide net when determining who can be held responsible for defective products. Manufacturers bear primary liability, but importers, distributors, and even online platforms may face claims depending on their role in bringing products to market.

Manufacturers, Importers, and Distributors

The manufacturer holds primary liability under Article 6:187 of the Dutch Civil Code. This includes producers of finished products, raw materials, and component parts.

If you manufacture any element that becomes part of a final product, you can be held liable. Importers into the European Economic Area face the same strict liability as manufacturers.

When you import products from outside the EU, Dutch law treats you as the producer. This means you cannot simply point to an overseas manufacturer to avoid responsibility.

Brand holders who place their name or trademark on products also qualify as producers. Even if you do not physically manufacture an item, presenting yourself as the producer makes you liable.

Distributors and suppliers become liable when they cannot identify the actual producer. If you supply a product but fail to provide information about the manufacturer within a reasonable timeframe, you step into the producer’s shoes.

This provision ensures consumers always have someone within the EU to pursue for compensation.

Online Marketplaces and Digital Products

Online platforms that import or brand products face full producer liability under Dutch law. If you operate a marketplace and source products from non-EU suppliers, you become the liable party in consumers’ eyes.

The Product Liability Directive is expanding to cover digital products, software, and AI systems. If you develop or distribute software, digital files, or smart devices requiring updates and data services, you will soon face the same strict liability as traditional manufacturers.

This modernisation reflects how products increasingly depend on digital components. Navigation systems, smart home devices, and medical software all fall within the scope of product liability.

You cannot escape responsibility by arguing your product is purely digital rather than physical.

Regulatory and Supervisory Authorities

The Netherlands operates several regulatory authorities that oversee product safety across different sectors, each with specific powers to enforce compliance, conduct inspections, and impose penalties.

These authorities monitor whether products meet safety standards and can require corrective action when risks are identified.

Netherlands Food and Consumer Product Safety Authority (NVWA)

The NVWA serves as the main regulatory authority for consumer products in the Netherlands, including food items. This agency has broad enforcement powers across general consumer goods that fall under the General Product Safety Regulation.

You can expect the NVWA to conduct inspections of products on the market and investigate safety complaints. The authority can request information from manufacturers and distributors at any time.

When violations occur, the NVWA issues official warnings, orders product recalls, or imposes administrative fines. The NVWA also monitors compliance with notification requirements.

If you fail to report a product safety issue, the authority can fine you £795 for companies with fewer than 50 employees or £1,590 for larger companies. The agency uses the General Intervention Policy 2024 to determine appropriate responses based on violation severity.

Serious or repeated violations can result in criminal prosecution, business closures, or fines reaching up to £1,030,000 per violation for large companies in cases involving intent or gross negligence.

Health and Youth Care Inspectorate (IGJ)

The IGJ oversees safety for medical devices and medications in the Netherlands. This inspectorate focuses specifically on products used in healthcare settings and ensures compliance with medical product regulations.

Your obligations to the IGJ include reporting safety issues with medical devices or pharmaceutical products. The inspectorate has authority to investigate incidents involving medical products and can order recalls when devices pose health risks.

The IGJ works closely with healthcare providers to monitor product safety in clinical settings. If you manufacture or import medical devices, you must co-operate with IGJ inspections and provide requested documentation.

The authority can impose similar penalties to other regulators, including fines and criminal prosecution for serious violations. Non-compliance with working conditions related to medical equipment also falls under their supervision when it concerns patient safety.

Dutch Authority for Digital Infrastructure (RDI)

The RDI regulates products related to telecommunications, radio equipment, and 5G technology. This authority manages frequency allocation and monitors both wireless and wired communication devices.

You need to ensure your telecom or radio equipment complies with RDI standards before placing products on the Dutch market. The authority conducts technical inspections of digital infrastructure products and can test equipment for compliance with radio frequency regulations.

The RDI has enforcement powers similar to other Dutch regulators. They can order you to withdraw non-compliant products, impose fines, and require corrective measures.

If your digital products pose safety risks or interfere with communication networks, you must notify the RDI immediately.

Arbeidsinspectie and Sector-Specific Regulators

The Arbeidsinspectie (Netherlands Labour Authority) supervises machinery and tools used in workplaces. This authority ensures products comply with working conditions legislation and occupational safety standards.

Your workplace equipment must meet safety requirements under labour law. The Arbeidsinspectie inspects machinery at work sites and can order improvements to working conditions when equipment poses risks to employees.

This includes tools, machinery, and protective equipment used in professional settings. Additional sector-specific regulators include the Dutch Human Environment and Transport Inspectorate (ILT), which oversees transport, infrastructure, and environmental products.

The ILT monitors compliance with sustainable living and physical safety regulations for products in these sectors. The Netherlands Authority for Consumers and Markets (ACM) enforces fair sales practices and oversees online marketplace providers under the Digital Services Act, ensuring platforms comply with product safety disclosure requirements.

What You Can Claim: Damages and Compensation

If a defective product harms you in the Netherlands, you can claim different types of compensation depending on your losses. The law sets specific rules about what you can recover and how much you might receive.

Compensatory Damages

Compensatory damages cover your direct financial losses from the defective product. You can claim reimbursement for medical expenses, including hospital bills, medication, physiotherapy, and any future treatment costs related to your injury.

If you missed work because of your injury, you can recover lost wages and loss of future earning capacity. Property damage falls under compensatory damages as well.

You can claim for replacing or repairing damaged belongings caused by the faulty product. If your injury results in long-term disability, you might recover costs for household adjustments or assistants hired to help with daily tasks.

To receive these damages, you must prove three things:

• The product had a fault
• You suffered harm or loss
• The fault directly caused your harm

You need to keep all receipts, medical records, and documentation of your losses to support your claim.

Consequential and Punitive Damages

Consequential damages refer to indirect losses that result from the defective product beyond immediate medical costs. These might include travel expenses for medical appointments or costs related to temporary accommodation if your injury prevents you from living at home.

Pain and suffering compensation covers the physical discomfort and emotional distress from your injury. This is harder to calculate than direct financial losses but forms part of what you can claim.

Punitive damages do not typically feature in Dutch product liability law. The Dutch system focuses on compensating victims for actual losses rather than punishing manufacturers.

Limitations and Thresholds for Claims

The amount you can claim depends partly on who pays the compensation. For damages up to €500, the seller must pay.

For damages of €500 and over, the producer or importer bears responsibility. You have three years from the date of the incident to claim damages.

This deadline is strict, so you must act within this timeframe. Product liability itself ends 10 years after the product first entered the market, regardless of when you discovered the fault.

Product liability does not apply to buildings and services. If you import products from outside the EU, you are legally considered the producer and hold full liability.

Product recall situations do not change these rules—you can still claim compensation if a recalled product harmed you before the recall.

Claims Process: How to Bring a Product Liability Claim

Product liability claims in the Netherlands require you to prove that a defective product caused your harm, and you must act within specific time limits. Dutch civil procedure involves gathering evidence, potentially working with consumer associations, and following formal legal steps that can lead to court proceedings if needed.

Evidence and Burden of Proof

You bear the burden of proof when filing product liability claims in the Netherlands. This means you must demonstrate that the product was defective, that you suffered harm, and that the defect directly caused your injuries or losses.

Key evidence you should collect includes:

• The defective product itself (in its damaged state if possible)
• Receipts or proof of purchase
• Medical records documenting your injuries
• Photographs or videos showing the defect
• Witness statements from anyone who saw the incident
• Instructions for use and any warnings provided with the product

You do not need to prove the manufacturer was negligent. Under the Dutch Product Liability Act, the focus is on the defect itself rather than the manufacturer’s conduct.

However, you must show the product failed to meet safety expectations that people are entitled to expect under normal circumstances.

Time Limits and Expiry of Claims

You have three years from the date you discovered the damage, the defect, and the identity of the liable party to file your claim. All three elements must be known before the time limit begins.

There is also an absolute limit of ten years from when the manufacturer put the product into circulation. After this period, you cannot bring a claim regardless of when you discovered the defect.

If you miss these deadlines, you lose your right to claim compensation. It is essential to act promptly once you realise a defective product has caused you harm.

Role of Experts and Consumer Associations

Consumer associations in the Netherlands, such as the Consumentenbond, can provide valuable support during your claim. They offer advice on product safety issues and may assist with complaints against manufacturers or retailers.

In some cases, a court-appointed expert may evaluate the product to determine whether a defect exists and what caused it. These independent experts provide technical analysis that carries significant weight in court.

The court typically appoints these experts rather than either party hiring their own. Consumer organisations sometimes pursue collective actions on behalf of multiple victims affected by the same defective product.

Joining such actions can reduce your costs and strengthen your position.

Dutch Civil Procedure for Product Claims

Dutch civil procedure for product liability typically begins with sending a formal demand letter to the liable party. This letter outlines the defect, the harm suffered, and the compensation sought.

Many claims settle at this stage without court involvement. If the manufacturer or seller disputes liability, you may need to file a lawsuit with the appropriate Dutch court.

The court will evaluate evidence, hear testimony, and may appoint technical experts to assess the product defect. You can claim before the district court (rechtbank) where you live or where the defendant is based.

The judge will review written submissions, examine evidence, and conduct hearings where both parties present their case. Proceedings in the Netherlands are primarily written, with oral hearings used for specific issues.

Appeals are possible if either party disagrees with the district court’s decision. You would then proceed to the Court of Appeal and potentially the Supreme Court for questions of law.

Collective Actions and Mass Damage Claims

When multiple people suffer similar damages from the same product or event, you can pursue compensation through collective procedures rather than filing individual lawsuits. The Netherlands offers several mechanisms for bundling claims, particularly through the WAMCA framework and collective settlement procedures.

Collective Damages Action

You can pursue a collective damages action through a foundation or association that represents your interests under the Act on the Resolution of Mass Damages in Collective Action (WAMCA). This system allows interest organisations to claim monetary damages on behalf of groups who have suffered similar harm.

The WAMCA applies only to events that occurred on or after 15 November 2016. Before bringing a collective action, the interest organisation must attempt to resolve the dispute through consultations with the defendant.

If no settlement is reached, the organisation can file the claim with a Dutch district court. Your interests must be “similar” to other claimants, meaning the legal and factual questions can be decided collectively without examining each person’s specific circumstances.

The organisation representing you must demonstrate proper governance, transparency, and that it adequately safeguards the interests of all affected parties. You are automatically included in the collective action unless you actively opt out.

Class Actions and Mass Litigation

The Netherlands provides several options beyond WAMCA for bundling product liability claims. You might participate in collective actions under the older WCA framework, which allows interest organisations to seek declaratory judgments or injunctions but not monetary damages.

These actions remain useful for establishing a manufacturer’s liability before pursuing individual compensation claims. Alternative mechanisms include the assignment model and mandated actions.

Under the assignment model, you transfer your claim to a special purpose vehicle (SPV) that pursues litigation in its own name. You receive a purchase price based on a percentage of any recovered compensation.

With mandated actions, you grant power of attorney to an SPV to pursue your claim whilst you remain the claim owner. Dutch courts have confirmed these alternative approaches are valid, particularly in major cartel damages cases like the Air Cargo and Trucks litigation.

These vehicles do not face the same governance requirements as WAMCA interest organisations.

Recent Developments in Collective Redress

The Netherlands implemented EU Directive 2020/1828 on representative actions in June 2023, strengthening consumer protection in collective redress procedures. The directive introduced stricter requirements for qualified entities bringing consumer claims and expanded the scope of available remedies.

The new EU Product Liability Directive simplifies liability claims and broadens the definition of “product” to include software and digital files. This expansion means you can pursue collective actions for defective digital products and AI systems that cause harm.

Dutch courts continue processing numerous collective actions under WAMCA, though many remain in preliminary stages. The Amsterdam Court of Appeal handles collective settlements under the WCAM framework, which can be declared binding on all affected parties through an opt-out system.

This settlement procedure has proven successful even when most injured parties are not Dutch residents.

Defences, Exclusions and Limitations of Liability

Manufacturers and importers in the Netherlands can invoke specific legal defences under both the Product Liability Directive and the Dutch Civil Code. These defences include exemptions based on the product’s intended purpose, strict time limits for bringing claims, and protections for products that met all safety standards at the time of production.

Exemptions for Manufacturers and Importers

You cannot hold a manufacturer liable if they can prove they did not place the product on the market. This applies when someone steals products or when unauthorised parties distribute goods without the manufacturer’s knowledge or consent.

Another key exemption arises when the defect results from compliance with mandatory regulations. If you manufactured a product according to binding legal requirements, you may avoid liability even if the product causes harm.

The law recognises that you cannot be held responsible for defects that stem directly from following governmental mandates. The “development risks” defence also protects manufacturers.

If the state of scientific and technical knowledge at the time you put the product into circulation could not have detected the defect, you can escape liability. This exemption acknowledges that manufacturers cannot foresee risks that were scientifically unknowable when they released the product.

You can also avoid liability if you prove the defect did not exist when you supplied the product. If someone modified or damaged the product after it left your control, you are not responsible for resulting harm.

Statutory Time Bars and Expiry

You have three years from the date you discovered or should have reasonably discovered the damage to file a product liability claim in the Netherlands. This limitation period applies to claims under the Dutch Civil Code.

The Product Liability Directive imposes an absolute cut-off of ten years. Once a decade passes from when the manufacturer put the product into circulation, you lose your right to claim—regardless of when you discovered the defect or suffered harm.

This ten-year limit provides manufacturers with long-term certainty. These time bars are strict.

Courts rarely extend them, even in cases where you only recently discovered the connection between your injury and the defective product.

Development Risks and Regulatory Compliance

The development risks defence protects you when scientific knowledge at the time of manufacture could not have revealed the defect. Dutch law follows the Product Liability Directive in allowing this defence, though some EU countries have opted out of it.

You must prove the defect was genuinely undetectable using the most advanced scientific methods available when you released the product. Courts assess this based on the collective knowledge accessible globally, not just what your company knew or could afford to research.

Meeting product safety regulations and industry standards strengthens your defence but does not automatically exempt you from liability. Compliance with EU safety directives shows you acted responsibly, but if your product still causes harm due to a defect, you may still face claims.

Product Recalls and Preventive Measures

When a product poses safety risks, manufacturers and importers must act quickly to remove it from circulation and notify the proper authorities. Dutch law requires specific steps for reporting unsafe products, executing recalls, and working with regulatory bodies to protect consumers.

Obligation to Notify Authorities

You must report unsafe products to Dutch supervising authorities through the European Commission’s Business Gateway. The system automatically forwards your report to relevant agencies like the NVWA (Nederlandse Voedsel- en Warenautoriteit), which enforces the Commodities Act and oversees product safety.

Your report needs to include several key details. You must provide information about potential risks, any complaints received, and identification data such as batch numbers and production dates.

You should also explain what corrective actions you’ve taken. The law requires you to maintain this documentation for at least 10 years.

You must keep a complaints register and investigate all reports you receive. Customer personal data can be retained for up to five years, but only for complaint investigation purposes.

If you discover a safety issue before products reach consumers, this becomes a “silent recall” or discontinuation of trade. You still must report it to authorities even though no public warning is needed.

Executing a Product Recall

You have two recall options: voluntary or forced. A voluntary recall shows you’re taking responsibility and can help protect your business reputation.

A forced recall happens when authorities demand action after complaints or discovering safety violations. Start by contacting your business customers and sales channels.

Instruct them to stop selling the product immediately. Remove it from physical shops and online platforms.

You must reach consumers through all appropriate public channels. Your safety warning requires a specific Dutch title: “Belangrijke veiligheidswaarschuwing in verband met de productveiligheid”.

Include a clear product description with photos, explain the danger, and provide your contact details. You must offer customers at least two of these three options:

• Repair the product
• Replace it with a safe version
• Refund the purchase price

If repair or replacement takes too long, customers always get a refund. You must collect products that are too large or heavy for customers to return easily.

Role of Regulatory Bodies in Recalls

The NVWA and other Dutch authorities monitor recalls and enforce the General Product Safety Regulation requirements. These agencies receive approximately 18 enforcement actions per day for product safety incidents.

Regulatory bodies assess whether your recall measures are adequate. They can demand additional actions if your response doesn’t properly address the risks.

You must keep them informed throughout the recall process and follow their instructions. Once you’ve corrected the defect, you can return the product to market.

You don’t need authority permission, but you must inform them of your corrective measures. Give the improved product a new registration or type name and update your technical documentation to show compliance.

Key Trends and Future Developments in Product Liability

The European Union’s new Product Liability Directive will reshape how manufacturers and importers handle liability claims across member states, including the Netherlands. Software, AI systems, and digital services now fall under strict liability rules, whilst claimants face lower evidentiary barriers when pursuing compensation.

Impact of the New Product Liability Directive

The new PLD requires all EU member states to implement updated rules by 9 December 2026. This represents the most significant overhaul of product liability law in decades.

You’ll face broader liability exposure under the revised framework. The directive introduces rebuttable presumptions of defect and causation, meaning courts can assume your product was defective if certain conditions are met.

This shifts the burden onto you to prove otherwise. The liability period extends from 10 years to up to 25 years for injuries with late manifestation.

Discovery obligations have expanded, requiring you to disclose technical evidence even in complex cases. If you import products into the EU or serve as an authorised representative, you now sit within a cascading liability framework alongside manufacturers.

Online platforms and fulfilment service providers may also bear liability if other parties in the supply chain cannot be identified. Companies that substantially modify products through software updates can be deemed manufacturers under the new rules.

Digital Products, AI, and Software Updates

Software now sits squarely within the definition of “product” under the new PLD. This covers embedded systems, standalone applications, and cloud-based software.

If you develop or deploy AI systems, autonomous vehicle technology, or advanced driver-assistance systems, you face strict liability for defects. Over-the-air updates and machine-learning behaviour changes can render products defective even after you’ve placed them on the market.

Cybersecurity failures trigger liability. Known vulnerabilities that you leave unremedied constitute explicit defect triggers.

Digital services integral to product functionality—such as navigation systems or voice assistants—fall under the same liability framework as physical components.

Recent Case Law and Regulatory Changes

EU member states must transpose the new Product Liability Directive into national law by December 2026. The Netherlands will need to update its existing product liability legislation to align with these requirements.

Discovery obligations in product liability cases have intensified across multiple jurisdictions. This creates potential for copycat litigation on an international scale when similar products cause harm in different countries.

Traditional tort liability concepts continue to expand, particularly regarding what constitutes a defect and the standard of care applied to manufacturers.

Frequently Asked Questions

Dutch product liability law covers specific types of compensation, sets clear time limits for claims, and requires particular evidence to establish a manufacturer’s responsibility for damages. The rules apply to both economic and personal losses under defined conditions.

What types of damages are compensable in Dutch product liability cases?

Under Article 6:190 of the Dutch Civil Code, you can claim compensation for personal injury, death, and property damage in the private sphere. Personal injury includes all damage resulting from injury or death of a natural person.

This covers medical expenses, loss of income, and costs related to care and treatment. Property damage must meet specific requirements to qualify for compensation.

The damaged item must normally be intended for private use or consumption. The damage must exceed €500 to be compensable under current law.

Pure economic loss falls outside the scope of product liability. If you are a business owner and a defective machine causes production interruptions, you cannot claim lost profits or business interruption costs under product liability rules.

You would need to pursue other civil liability options instead. The European Commission has proposed removing the €500 threshold for property damage.

The revision also aims to expand compensable damage to include loss or corruption of data and medically recognised mental health damage.

How does one establish a manufacturer’s liability for a defective product in the Netherlands?

You must prove three essential elements to establish a manufacturer’s liability. First, you need to demonstrate that actual damage occurred.

Second, you must show that the product was defective according to Dutch law standards. Third, you must establish a causal connection between the defect and the damage you suffered.

A product is defective when it fails to provide the safety that can reasonably be expected from it. Courts assess defectiveness based on circumstances at the time the product entered the market.

Three factors matter: how the product was presented to consumers, what use could reasonably be expected, and when the product was placed on the market. The burden of proof does not require absolute certainty.

You need to make your case sufficiently probable based on available evidence. Complex cases involving pharmaceuticals, artificial intelligence systems, or smart products often present evidentiary challenges due to technical complexity.

Dutch law applies strict liability to manufacturers. This means you do not need to prove fault or negligence.

The manufacturer becomes liable simply because the product was defective and caused damage.

What is the statute of limitations for filing a product liability claim in the Netherlands?

You have three years to file a product liability claim under Article 3:310 of the Dutch Civil Code. This limitation period starts the day after you became aware of three things: the damage, the defect, and the identity of the liable party.

If you discover the damage on 1 January, your three-year period begins on 2 January. Product liability expires ten years after the manufacturer placed the product on the EU market under Article 6:191 of the Dutch Civil Code.

This ten-year period applies regardless of whether you knew about the damage or defect. Once this period ends, you cannot file a claim even if you only recently discovered the damage.

You must institute legal proceedings before these deadlines expire. Simply notifying the manufacturer of your intention to claim does not stop the limitation periods from running.

Filing a formal claim with the court protects your rights. The proposed EU revision extends the expiry period to fifteen years for health damage that manifests slowly.

This change recognises that some products, such as medicines or medical devices, may only cause health problems after many years of use.

Are there any specific regulations that govern product safety and liability in the Netherlands?

Articles 6:185-193 of the Dutch Civil Code form the primary legal framework for product liability in the Netherlands. These provisions implement European Directive 85/374/EEC from 1985 into Dutch law.

The directive harmonises product liability rules across all EU member states. Additional sectoral legislation establishes safety requirements for specific products before they can enter the EU market.

The Machinery Directive 2006/42/EC governs mechanical equipment. The Toy Safety Directive 2009/48/EC applies to children’s toys.

The General Product Safety Directive 2023/988/EC sets baseline safety requirements across product categories. Compliance with these safety regulations reduces the risk of your product being found defective.

However, meeting regulatory requirements provides no absolute guarantee against liability. Courts can still find a product defective even when it complies with all mandatory safety standards.

The European Commission is revising the product liability directive to address digital products and artificial intelligence. The proposal substantially expands the definition of “product” to include digital production files, software, AI systems, and associated digital services.

Implementation is expected between 2025 and 2027.

What evidence is required to prove a product liability claim in the Netherlands?

You must provide evidence establishing three core elements: the occurrence of damage, the existence of a defect, and the causal link between the defect and your damage. Documentation of your medical treatment, repair bills, or other damage-related expenses supports your claim.

Expert reports often prove necessary to establish that the product was defective. Technical evidence becomes particularly important in complex cases.

You may need engineering assessments, chemical analyses, or medical expert opinions to demonstrate the defect and causation. Photographs of the defective product and the damage it caused strengthen your case.

The proposed EU revision introduces presumptions that favour consumers. When manufacturers cannot refute non-compliance with mandatory safety requirements, defectiveness may be presumed.

If the type of damage typically corresponds with the defect involved, causal connection may be presumed. Manufacturers must provide relevant evidence to claimants under certain circumstances according to the proposed rules.

This disclosure obligation helps address the information imbalance between consumers and manufacturers. The revision also lowers the evidentiary threshold in technically complex cases.

Can a consumer sue for non-economic losses in a Dutch product liability case?

You can claim compensation for non-economic losses when they result from personal injury or death. Dutch law recognises pain and suffering, loss of quality of life, and emotional distress as compensable damages in personal injury cases.

These non-economic damages fall under the broader category of personal injury compensation. The calculation of non-economic damages follows established guidelines and case law.

Courts consider the severity of your injuries, the impact on your daily life, and the permanence of any impairment. Dutch courts typically award more conservative amounts for pain and suffering compared to some other jurisdictions.

Non-economic losses unrelated to personal injury generally fall outside product liability compensation. If a defective product simply fails to work properly without causing injury or damaging other property, you cannot claim disappointment or inconvenience under product liability rules.

Your remedy would be through warranty or contractual claims instead. The proposed EU revision aims to include medically recognised mental health damage as compensable harm.

This expansion acknowledges that defective products can cause psychological trauma separate from physical injuries. Once implemented, this change will broaden your ability to claim non-economic losses.