Product liability in the Netherlands: claims and defences

If a defective product causes damage in the Netherlands, the producer is liable without you having to prove fault. You only need to show the defect, the damage and the causal link between them. The main exception concerns the type of loss: damage to the defective product itself and pure economic loss, such as lost profit, fall outside this regime and must be claimed under the contract or in tort.

The rules are in articles 6:185 to 6:193 of the Dutch Civil Code (Burgerlijk Wetboek), which implement the European product liability directive of 1985. Personal injury and death are compensable in full. Damage to other property is compensable where that property is intended for private use, with a statutory deductible (franchise) of 500 euro.

This strict liability regime (productaansprakelijkheid) sits alongside two other routes: a contractual claim against the seller and a claim in tort against anyone whose carelessness caused the harm. The route you take determines what you can recover and from whom. The choice often depends on the type of loss rather than on the type of product. In this article we explain how the regime works, who can be held liable, what you can claim, which defences exist, which authorities supervise product safety, how collective claims work, and what changes under the new European directive.

Which legal routes lead to compensation?

There are three: strict product liability against the producer, a contractual claim against the seller, and a claim in tort. You can combine them in one case.

The strict liability regime in articles 6:185 and following of the Civil Code applies to movable products. That includes electricity, components built into other goods and primary agricultural products. Immovable property falls outside it, and so do services. The regime is mandatory: liability towards the injured party cannot be excluded or limited by contract. That is a fundamental difference from ordinary commercial liability, where limitation of liability clauses do a great deal of work.

The second route is contractual. A buyer whose product does not conform to the contract (non-conformiteit) has a claim against the seller. In a consumer sale the statutory conformity rules offer strong protection: the goods must have the qualities the buyer was entitled to expect. Remedies range from repair or replacement to price reduction and termination. This route also covers pure economic loss, which the strict regime does not, but it only works against the party you contracted with. Where a defect was concealed at the time of sale, see our article on seller liability for hidden defects. The wider consumer framework is set out in consumer protection in Dutch contracts.

The third route is tort (onrechtmatige daad) under article 6:162 of the Civil Code. It requires unlawful conduct that can be attributed to the defendant. You use it where the strict regime does not reach: pure economic loss, damage to goods used professionally, claims against a party who is not a producer, or claims after the ten-year expiry period of the strict regime has ended. For businesses the general picture is set out in company liability in Dutch law and in our overview of liability in Dutch law.

The three routes are often combined. A consumer injured by an exploding appliance can sue the producer under the strict regime for the injury, the seller under the contract for the price of the appliance itself, and either of them in tort where the facts support it. Damage to the defective product itself is never recoverable under the strict regime; that is a contractual matter.

When is a product defective?

A product is defective if it does not offer the safety a person is entitled to expect, taking all circumstances into account. Safety is the test, not quality.

The statute names three circumstances in particular: the presentation of the product, the use that can reasonably be expected of it, and the moment it was put into circulation. A machine that breaks down constantly is a contractual problem. A machine that injures the operator is a product liability problem.

Dutch and European practice distinguishes three kinds of defect:

• A manufacturing defect: an individual item deviates from the intended design.
• A design defect: the whole series is affected, because the design itself creates an avoidable danger.
• An instruction or warning defect: the product is safe in itself, but is supplied without the information needed to use it safely, or with warnings that are unclear, missing in the language of the market, or hidden in a manual nobody reads.

The third category is easily underestimated by manufacturers, because the product itself may be technically sound.

Reasonably expected use includes foreseeable misuse. A ladder will occasionally be used on uneven ground. A child product will be handled by children. A kitchen appliance will be operated by someone who has not read the manual. A product does not become defective merely because a better or safer product was later put on the market. The statute says so expressly, so the moment of putting into circulation is the reference point for the whole assessment.

Does compliance with safety standards protect the producer?

It helps, but it is not conclusive. A court can still find a product defective despite full compliance.

Meeting the harmonised standards and carrying a CE marking is evidence that the producer acted with care, and it is often the first thing an expert looks at. Conversely, breach of a mandatory safety requirement is a strong indicator of a defect and can also found a claim in tort. For the regulatory side, see our overview of types of legal compliance and, for products subject to restrictions or bans, forbidden products and the legal risks.

Who can be held liable?

The producer is the primary addressee. The law also treats own-branders, importers into the European Economic Area and, in some cases, suppliers as producers.

The producer includes the manufacturer of a finished product, the producer of a raw material and the manufacturer of a component. Anyone who presents themselves as the producer by putting their name, trade mark or other distinguishing feature on the product is treated as the producer as well. That catches private-label retailers and brand owners who outsource all their manufacturing.

What is the position of an importer?

Anyone who imports a product into the European Economic Area in the course of business is treated as a producer. This guarantees that an injured party always has a defendant inside the European Union.

It also means that a Dutch importer of goods from outside the Union carries the full strict liability of the foreign factory. A supply contract with an indemnity does not solve this on its own. The indemnity only works if the foreign supplier is solvent and can actually be sued.

What if the producer cannot be identified?

Then each supplier in the chain is treated as the producer. The supplier escapes this only by telling the injured party, within a reasonable period, who the producer is or who supplied the product to it.

That is why the traceability of your supply chain is not an administrative detail but a liability question. A retailer who cannot say where the goods came from becomes the defendant. Where several parties are liable for the same damage, they are jointly and severally liable (hoofdelijk aansprakelijk) towards the injured party. They settle the internal apportionment between themselves afterwards.

Online sales have widened the field. A marketplace that imports or brands the goods it sells is a producer on the ordinary rules. Under the new European directive, fulfilment service providers and, in defined circumstances, online platforms can also be addressed where no producer or importer in the Union can be identified. Within corporate groups the question also arises of who bears the exposure. That is where the rules on personal liability of directors and on the liability of shareholders come into play.

What can you claim?

The strict regime covers two categories: death or personal injury, and damage to other property used privately. Pure economic loss is not covered.

The first category is damage caused by death or personal injury. It is compensable without any threshold. It includes medical costs, loss of income, the cost of care and household help, travel to treatment, and the cost of adapting a home where an injury is permanent. Non-material damage for pain and suffering (smartengeld) is recoverable as part of this compensation. It is assessed on the severity of the injury, its permanence and its effect on daily life. Dutch courts set these awards by reference to earlier case law, and they are modest compared with some other jurisdictions. Our article on compensation for non-material damage explains how that assessment is made.

The second category is damage to property other than the defective product itself. Two conditions apply. The damaged item must be of a kind ordinarily intended for private use or consumption, and the injured party must have used it mainly for private purposes. In addition, the deductible of 500 euro applies. Damage to goods used professionally therefore falls outside the strict regime. A business that suffers property damage has to rely on contract or tort.

What about lost profit and business interruption?

These are pure economic loss and fall outside the strict regime. You claim them under the contract or in tort.

Pure economic loss includes lost profit, business interruption, the cost of a recall and the reduced value of a production run. A manufacturer whose production line stops because a supplied component was defective may have a substantial claim. But it is a contractual claim against the supplier, or a claim in tort, not a product liability claim. That distinction determines the limitation period, the burden of proof and the available defences. Make it at the outset, not after a writ has been issued. Guidance on quantifying and pursuing such claims is in our pages on how to claim damages in the Netherlands and on claims for damages.

Dutch law does not award damages intended to punish the defendant. Compensation aims to put the injured party in the position they would have been in without the damage, and nothing more. Contributory fault (eigen schuld) reduces the award to the extent that the injured party’s own conduct contributed to the damage. The fault of a third party, by contrast, does not reduce the producer’s liability towards the injured party.

What do you have to prove?

You must prove the defect, the damage and the causal link. You do not have to prove negligence.

That burden is lighter than it looks in a straightforward case and heavy in a technically complex one. So secure the evidence immediately:

• Keep the product itself, unrepaired and unaltered.
• Photograph it in place before anything is moved.
• Keep the packaging, the manual and the receipt.
• Obtain medical records and keep a note of every cost.
• Identify witnesses while their memory is fresh.

A product that has been thrown away or repaired often means the end of the claim.

Technical evidence usually decides these cases. A court can appoint an independent expert. You can also apply for a preliminary expert report or a preliminary examination of witnesses before proceedings start. That is a useful way to test a case before committing to it; our article on preliminary examination in Dutch civil procedure explains that route. Since the reform of the law of evidence that took effect on 1 January 2025, a party can also request inspection of specific documents held by the other side, and several preliminary measures can be requested in a single application.

Which deadlines apply?

Under the strict regime you have three years from the moment you knew, or should reasonably have known, of the damage, the defect and the identity of the producer. Separately, your right expires ten years after the producer put the product into circulation.

Both periods are in article 6:191 of the Civil Code, and both are strict. The ten-year period cannot be stopped by a letter. Only legal proceedings against the producer, started before the period ends, keep the claim alive. Claims in contract or tort follow the general rule of article 3:310 of the Civil Code: five years from awareness, with an absolute limit of twenty years. For those claims a written interruption notice under article 3:317 is enough to stop the period running.

How does a claim run in practice?

Most claims start with a letter holding the producer or seller liable and end in negotiation with the liability insurer. Only if that fails does the case go to court.

The letter describes the product, the incident, the damage and the legal basis of the claim, and interrupts the limitation period where the law allows. In practice the letter reaches the liability insurer, and the discussion continues with the insurer rather than with the company. Insurers investigate, often appoint their own expert, and settle where the file is strong. A well-documented claim with photographs, an expert report and quantified losses stands a much better chance of settlement than a claim built on assertions.

If no settlement is reached, you bring proceedings before the competent district court (rechtbank). Which court that is depends on the defendant’s seat, the place where the damage occurred and, in consumer contract disputes, the consumer’s place of residence. Within the European Union the European jurisdiction rules decide this in cross-border cases. Claims up to the statutory limit, and certain consumer matters, go to the subdistrict court (kantonrechter), where you do not need a lawyer. The procedure is largely written, with a hearing at which the court questions the parties and often explores a settlement. Appeal lies to the court of appeal, and on points of law to the Supreme Court, as explained in our article on appeal to the Supreme Court. The general course of Dutch proceedings is set out in our overview of Dutch litigation law.

What does a claim cost?

The losing party pays a fixed contribution to the other side’s legal costs, not the full costs. Expert reports are a substantial expense that you usually have to advance.

Legal expenses insurance covers many consumer claims, and subsidised legal aid may be available depending on income. For businesses, weighing litigation against negotiation is the first strategic decision; our page on business dispute resolution sets out the alternatives. Where several people were harmed by the same product, a collective route may be cheaper and stronger than an individual one. Our guide to liability claims and our page on claiming compensation cover the practical steps.

Which defences can a producer raise?

The defences are listed exhaustively in article 6:185 of the Civil Code, and the producer must prove them. The best known is the development risk defence.

The producer is not liable if:

• it did not put the product into circulation, for example where goods were stolen or distributed without its consent;
• the defect probably did not exist when the product was put into circulation, or arose afterwards, for example through wear, unauthorised modification or the conduct of another party in the chain;
• the product was neither made for sale or any other form of distribution for economic purposes, nor made or distributed in the course of its business;
• the defect is due to compliance with mandatory rules issued by the public authorities;
• the state of scientific and technical knowledge when the product was put into circulation did not make it possible to discover the defect (development risk defence);
• as a component manufacturer, the defect is due to the design of the product into which the component was fitted, or to the instructions of that product’s manufacturer.

How wide is the development risk defence?

Narrower than it seems. The test is objective: it looks at the most advanced knowledge available anywhere, not at what the individual producer knew or could afford to research.

Under the 1985 directive Member States could exclude this defence, but the Netherlands kept it. The new directive also contains the defence, and allows Member States to derogate from it only under strict conditions and after notifying the European Commission (article 18 of Directive (EU) 2024/2853).

Can liability be limited by contract?

Not towards the injured party: a clause that tries to do so is void. Within the supply chain, however, contractual allocation of risk is possible and normal.

Indemnities, caps, quality specifications, insurance obligations and audit rights are how a manufacturer manages the risk that comes from its suppliers. Review those clauses against the new directive, because the range of parties who can be addressed is widening.

Who supervises product safety, and when is a recall required?

Public product safety law imposes duties before anyone is injured. The General Product Safety Regulation (EU) 2023/988 has applied since 13 December 2024, and several Dutch authorities supervise compliance.

The regulation replaced the earlier general product safety directive. It requires that only safe products are placed on the market and imposes traceability and documentation duties. It allocates responsibilities across manufacturers, importers, distributors and online marketplaces, and requires a responsible economic operator established in the Union for every product placed on the Union market. Sector-specific rules, for example for machinery, toys, medical devices and radio equipment, apply on top of it. In the Netherlands the Commodities Act (Warenwet) and its decrees form the national layer.

Supervision is divided between authorities:

• The Netherlands Food and Consumer Product Safety Authority (NVWA) is the main supervisor for food and consumer products. It inspects, investigates complaints, demands information, orders corrective measures and can impose administrative fines. Serious cases can be dealt with under criminal law, as described in our article on the criminal law side of the NVWA.
• The Health and Youth Care Inspectorate (IGJ) supervises medicines and medical devices.
• The Dutch Authority for Digital Infrastructure (RDI) supervises radio and telecommunications equipment.
• The Netherlands Labour Authority supervises work equipment and machinery in the workplace, alongside the wider duties described in our overview of Dutch labour law.
• The Human Environment and Transport Inspectorate (ILT) covers transport and environmental products.
• The Authority for Consumers and Markets (ACM) supervises commercial practices and platform obligations.

Fines are set out in policy rules that are revised from time to time. Always check the amount against the current version rather than a figure quoted in an article.

What must you do if your product turns out to be unsafe?

Notify the competent authorities without delay and take corrective action. Notification is required even if the product has not yet reached consumers.

Producers and importers who know or ought to know that a product they placed on the market is unsafe notify through the European Safety Business Gateway. The file identifies the product, the batch or serial numbers, the risk, the number of items affected and the measures taken. Keep it for the period the applicable rules prescribe.

A recall covers the whole chain and consumers. Distribution is stopped, business customers and platforms are instructed to withdraw the product, and consumers are informed through channels that actually reach them, including directly where customer details are known. The recall notice must be recognisable as a safety warning, describe the product with images, explain the risk in plain language and say what the consumer should do. Under article 37 of the regulation, consumers must in principle be offered a choice of at least two of repair, replacement and an adequate refund, unless that is impossible or disproportionate. Cooperation with the supervising authority continues until the risk is resolved, and you report on the corrective measures and their effectiveness. To prepare for this in advance, see our regulatory compliance support.

How do collective claims for mass damage work?

Where one product harms many people, a representative foundation or association can claim damages for the whole group under the WAMCA. Dutch law also allows collective settlements and the bundling of individual claims.

The Act on the Settlement of Mass Damages in Collective Actions (Wet afwikkeling massaschade in collectieve actie, WAMCA) has been in force since 1 January 2020. A foundation or association that meets strict requirements on governance, funding, representativeness and independence can bring a collective action for damages on behalf of a defined group. The act applies to events on or after 15 November 2016. For older events the previous regime applies, under which a collective action could seek a declaration or an injunction but not monetary damages.

The procedure has a fixed shape. Actions are entered in a central register, and a waiting period allows other organisations to bring competing actions. The court then appoints one exclusive representative for the group and decides on admissibility. If the action proceeds, injured parties resident in the Netherlands are bound unless they opt out within the period the court sets. Parties resident abroad generally have to opt in. The parties are expected to try to settle, and a settlement approved by the court binds the group in the same way.

A settlement reached outside proceedings can also be declared universally binding by the Amsterdam Court of Appeal under the collective settlement act (WCAM). That procedure has been used for groups spread across several countries.

Other structures bundle claims as well. In an assignment model, claimants transfer their claims to a special purpose vehicle that litigates in its own name. In a mandate model, the claimant keeps the claim and gives a power of attorney. Dutch courts have accepted these constructions in large commercial cases, but they scrutinise the funding arrangements and the position of the individual claimants. The European directive on representative actions has been implemented in Dutch law, which strengthens the position of qualified entities acting for consumers, including in cross-border cases. Our page on collective claims in cases of mass damage sets out how to join or start such an action.

What changes under the new Product Liability Directive?

Directive (EU) 2024/2853 replaces the 1985 directive and applies to products placed on the market or put into service after 9 December 2026. Products placed on the market before that date remain governed by the current rules, so both regimes will run side by side for years.

Member States must transpose the directive by 9 December 2026. Until the Dutch implementing act takes effect, the existing articles of the Civil Code continue to apply.

The changes are substantial:

• Software is expressly a product, whether embedded or standalone, and so are digital manufacturing files. Related digital services integrated into a product also fall within the scope.
• A party that substantially modifies a product outside the original producer’s control, including through a software update, can itself be treated as the producer of the modified product.
• The assessment of defectiveness expressly takes into account learning and updating functions, cybersecurity requirements and the failure to supply security updates.
• The circle of liable parties widens. Alongside manufacturers, importers and own-branders, the authorised representative, the fulfilment service provider and, in defined circumstances, the online platform can be addressed where no economic operator established in the Union can be identified.
• Courts can order the producer to disclose relevant evidence, and rebuttable presumptions of defectiveness and causation apply in defined situations, including where a technically complex case is excessively difficult to prove.
• The 500 euro deductible for property damage disappears, and so does the option for Member States to cap total liability. Destruction or corruption of data and medically recognised psychological harm become compensable.
• The ten-year long-stop period is extended to twenty-five years where the symptoms of a personal injury are, according to medical evidence, slow to emerge.

For businesses, the documentation you keep today determines your position in a claim brought years from now. Technical files, risk assessments, test results, batch traceability, complaint registers and the record of security updates are what a disclosure order will reach. Where they are missing, a presumption may fill the gap. Reviewing supplier contracts, insurance cover and internal record-keeping now costs far less than reconstructing them under a court order.

In which sectors do product liability claims typically arise?

Each sector has its own evidential pattern. Knowing which evidence usually decides a case helps you secure it in time.

Food and beverages give rise to claims about contamination, allergens and incorrect labelling. There, traceability of the batch and the results of the producer’s own quality checks usually decide the case. Medicines and medical devices give rise to claims about side effects, materials and instructions. The file of the notified body, the periodic safety reporting and the information supplied to the patient are central, and the supervising inspectorate is often involved before the civil claim starts.

Electrical appliances and lithium batteries give rise to fire and burn claims. The fire brigade report and a technical investigation of the remains of the product are decisive, which is why discarding the damaged product is so harmful here. For vehicles and vehicle components, the manufacturer’s recall history and the diagnostic data stored in the vehicle often matter more than any witness account. Toys and childcare products give rise to claims about small parts, chemical content and stability, judged against product-specific European standards. Machinery and tools used at work sit where product liability meets employer liability: an injured employee usually has a claim against the employer under the employer’s safety duty, as well as a possible claim against the producer.

How do you classify construction, installation and business-to-business cases?

Carefully, because one incident can involve several routes. Business-to-business damage rarely fits the strict regime at all.

A defective boiler, solar panel or heat pump is a product, but installing it is a service. The same incident can therefore involve a producer under the strict regime, an installer under the contract and, where a building is damaged, an insurer with a right of recourse. Establishing early which loss belongs to which route saves a great deal of expense later, and it tells you which limitation period applies.

A defective component that damages a production line causes property damage to goods used professionally and consequential loss. Both fall outside the strict regime. The claim then rests on the supply contract, the conformity of the goods delivered and the general terms and conditions that apply. That is why the contractual documentation, and the question of whose general terms applied, often determines the outcome. Our overview of Dutch litigation practice and our page on liability advice set out the steps for such a dispute.

What should you do if a product has caused damage?

Secure the product and the evidence first, then hold the right party liable in writing. Businesses facing a claim should notify their insurer straight away.

If you were injured or your property was damaged, act in this order:

1. Keep the product and everything that came with it. Do not have it repaired or discarded.
2. Photograph the product and the scene.
3. Collect the purchase receipt, the manual, the packaging and any correspondence with the seller.
4. See a doctor and make sure the injury and its cause are recorded in your medical file. The medical record is often the only document made at the time that says anything about causation.
5. Write down what happened while you remember it, and take the details of anyone who saw it.

Then hold the right party liable in writing. For a consumer that usually means the seller and, where the injury is serious, the producer or the importer as well. The letter describes the product, the defect, the damage and the legal basis, and expressly interrupts the limitation period where possible. Report the incident to the supervising authority if the product is dangerous to others; a report can also trigger the recall that protects the next user. Do not accept a settlement before the extent of an injury is clear, because a final settlement usually closes the file for good.

What if you are a business facing a claim?

Notify your liability insurer immediately, because late notification can cost you cover. Then secure the internal file and assess the safety risk.

Secure the production and quality records for the batch, the technical documentation, the instructions supplied, the complaint history and the distribution data. Assess whether other items in the same batch present the same risk and whether a notification and corrective action are required. Take that decision on safety grounds, not on litigation grounds. Do not acknowledge liability before the technical position is clear, and check your contracts with suppliers and customers to see where the risk was allocated. Our liability lawyers advise on both sides of these claims.

In summary

• Under articles 6:185 to 6:193 of the Civil Code the producer is liable for a defective product without fault; you prove the defect, the damage and the causal link.
• The strict regime covers death, personal injury and damage to other private property (with a 500 euro deductible). Damage to the product itself and pure economic loss require a contractual or tort claim.
• Importers into the EEA, own-branders and, if the producer is unknown, suppliers can be held liable as producers.
• You have three years from awareness, and the right expires ten years after the product was put into circulation; only proceedings stop the ten-year period.
• Directive (EU) 2024/2853 applies to products placed on the market after 9 December 2026 and covers software, adds disclosure duties and presumptions, and removes the 500 euro deductible.

Frequently asked questions

Below we answer the questions that come up most in Dutch product liability cases: which damage is compensable, how you prove a defect, which deadlines apply and which rules govern product safety.

Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.