Productaansprakelijkheidsrichtlijn

Productaansprakelijkheid, in Dutch law commonly expressed as product liability, refers to the legal obligation of manufacturers, importers, distributors, and sellers to compensate people harmed by defective products. In many jurisdictions, liability is strict: a claimant must show that the product was defective and that the defect caused the injury or damage, regardless of the producer’s intent or fault.

A defect is typically understood as a safety failure that makes the product unsafe for its normal or foreseeable use. Damages can include personal injury, property damage, and certain financial losses, depending on the jurisdiction. Claims can be brought by consumers, users, or others who suffer harm, with responsibility potentially extending along the supply chain from manufacturer to retailer.

To succeed, a plaintiff usually must prove three elements: the product was defective, the defect caused the harm, and damage occurred. Defendants may raise defenses such as conformity with official standards, adequate warnings or instructions, use of the product in a non-foreseeable or substantial way that breaks the chain of causation, or that the defect did not exist at the time of sale. Time limits for filing claims and the burden of proof can vary by country.

Regulatory frameworks provide guidance and harmonization. In the European Union, the Product Liability Directive (85/374/EEC) establishes strict liability for defective products and harmonizes core aspects across member states, complemented by national laws on remedies and limitations. Beyond the EU, many countries maintain specific product safety and liability regimes, with recalls and post-market surveillance as common tools.

Businesses commonly adopt quality controls, testing, labeling, and traceability measures to mitigate risk and facilitate compliance with product safety obligations.