In the Netherlands, the producer is liable for damage caused by a fault in a product, which can include:
- the lack of a safety provision
- unsound instructions for use
- the lack of warnings on the product
The producer is not liable in cases such as the following:
- The product was safe when first launched on the market, but was no longer so at a later date (e.g. due to deterioration).
- The product was not originally intended for commercial purposes.
- You could not possibly have known that the product was unsafe.
Product liability does not apply either to buildings, services and fresh food, for example.
Please note: If you import products from outside the EU, you are legally considered the producer. Product liability only applies to importers, not to agents.