Injury caused by a product

What happened

Products are supposed to be safe, but sometimes they are not. A battery or charger that overheats and causes a fire, a household appliance that short-circuits, toys with small loose parts that a child chokes on, a vehicle with a design flaw, a medical device that fails, or food that turns out to be contaminated. In all these cases, you sustain injury due to something you bought or used in good faith.

The law takes this seriously. Anyone who places a product on the market is responsible for its safety. If the product turns out to be defective and you are injured as a result, you can hold the producer liable for your damages, and this is much easier than many people think.

Therefore, always keep the product itself, even if it is broken or damaged. The defective product is often the most important evidence in your case. In addition, keep the packaging, the purchase receipt, and any instruction manual. Would you like to know which other forms of miscellaneous injury we handle? Then take a look at our page on miscellaneous personal injury.

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Who is liable

The essence of product liability is found in Article 6:185 of the Dutch Civil Code. This article imposes strict liability on the producer of a defective product. This is very advantageous for you. It means that you do not have to prove that the producer made a mistake or was negligent. You only need to demonstrate three things: that the product was defective, that you suffered damage, and that there is a causal link between the defect and your damage.

When is a product defective?

A product is defective if it does not provide the safety that can reasonably be expected of it. All circumstances are taken into account: the presentation of the product, the normal use permitted for it, and the time at which it was placed on the market. Therefore, a product is not defective as soon as it breaks, but it is defective if, during normal use, it poses an unsafe risk that could not reasonably have been expected. For example, the absence of a necessary warning or safety feature indicates a defect.

Who is the producer?

The term 'producer' includes more than just the manufacturer. The importer who places the product on the market within the EU from outside the European Union is also considered a producer and can be held liable. The same applies to anyone who places their own brand or name on the product and thus presents themselves as the producer. If the producer cannot be identified, the seller or supplier be held liable under certain conditions, unless they inform you who the producer or importer is within a reasonable time. This way, you will not be left empty-handed.

This is precisely what makes product liability so strong for you as a consumer. You do not have to unravel the entire production chain yourself or prove where in the process things went wrong. The law places the responsibility with the party that placed the product on the market and earned the profit from it. You only need to demonstrate the defect and your damages; we take the task of identifying the correct liable party off your hands.

Which damages and compensation for pain and suffering

You are entitled to compensation for your damages. The law distinguishes between two types. Material damage is anything that can be expressed in monetary terms: medical expenses, deductible, travel expenses, care costs, and lost income due to being unable to work. Please note: special rules apply to damage to the defective product itself and to a deductible of a fixed statutory amount for property damage, but your personal injury damages will be fully compensated.

In addition, there is non-material damage, better known as pain and suffering: compensation for pain, grief, and loss of enjoyment of life. In the case of serious injury, such as burns caused by an exploding battery, this item can amount to a substantial sum.

The amount of compensation you receive depends on the nature and severity of the injury, the duration of your recovery, and the lasting consequences. We look for comparable rulings and ensure that no item of damage is overlooked. You can find a complete overview on our page about compensation.

A common question is what happens if you have not used the product entirely according to the instructions. The manufacturer will be happy to point this out, but that does not automatically mean that you are not entitled to compensation. The crucial point is whether the product offered the safety that you could reasonably expect under normal, foreseeable use. We assess this discussion carefully and are not easily dismissed.

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What you need to do

In product liability, securing evidence is of paramount importance, and that starts with the product itself.

• Keep the product exactly as it is, even if it is damaged or broken. Never throw it away; it is your most important evidence.
• Keep the packaging, receipt, and instruction manual , and note where and when you bought it.
• Take photos of the product, the defect, and your injuries.
• Go to a doctor and have your injury documented.
• Gather witnesses if others saw the incident.
• Seek advice quickly, precisely because of the short timeframes that apply below.

Note the shorter statute of limitations

In product liability, different and shorter time limits apply than for ordinary personal injury. You must file your claim within three years of becoming aware of the damage, the defect, and the identity of the producer. In addition, a strict absolute time limit of ten years: the right to compensation expires in any case ten years after the producer placed the product in question on the market, even if you were not yet fully aware of it at that time. Due to these short time limits, acting quickly in the case of a defective product is particularly important.

Do you need an expert?

You are not obliged to seek assistance, but in product liability cases, it almost always pays off. You often find yourself up against a large manufacturer or importer with their own legal department, and the discussion quickly revolves around whether the product was truly defective and whether you used it correctly. An experienced personal injury expert knows how to substantiate the defect, which party is best to approach, and how to stay within the tight deadlines.

The great thing is that our help costs you nothing. Pursuant to Article 6:96 of the Dutch Civil Code, the reasonable costs of legal assistance are considered part of your damages. Therefore, the liable party compensates not only your personal injury damages but also the costs of our guidance. For you, our help is free of charge.

We handle the entire process for you: from tracing the manufacturer or importer and securing evidence to negotiating your compensation. You focus on your recovery, and we ensure you receive what you are entitled to. Want to know the value of your case? Use our tool to calculate your personal injury damages or contact us without obligation.