Product Liability under Dutch law Explained: Rights, Obligations and Legal Risks

Published on 18 November 2025 · Last updated 25 October 2026

Under Dutch law, a producer is liable without fault for damage caused by a defect in its product, unless it proves one of six statutory defences (Article 6:185 Dutch Civil Code). It covers death, personal injury and damage to private property. Products placed on the market after 9 December 2026 fall under the new EU Product Liability Directive. See also: Product Recycling Regulations in the Netherlands.

The rules on product liability (productaansprakelijkheid) protect injured persons against damage caused by unsafe products. Businesses therefore need to know when they are liable and how to limit the risk. The rules come from Directive 85/374/EEC and are implemented in Articles 6:185-6:193 of the Dutch Civil Code (Burgerlijk Wetboek, BW). Directive (EU) 2024/2853 repeals that directive with effect from 9 December 2026, but the old directive continues to apply to products placed on the market or put into service before that date (Article 21). Liability rests on manufacturers, importers into the European Economic Area (EEA) and, in some cases, suppliers. We regularly assist clients with Recycling under Dutch law.

Who Qualifies as Producer Under Dutch Law?

The definition of producer in Netherlands product liability cases covers more parties than just the manufacturer. This closely relates to the EU 2026 agenda. Under Article 6:187(2)-(4) BW, a producer includes:

• Manufacturer of finished products: The party that produces the complete product
• Raw material producer: Suppliers of base materials incorporated into the product
• Component manufacturer: Producers of parts that become part of the final product
• Brand holders: Anyone who presents themselves as producer by placing their name, brand or distinguishing mark on the product
• EEA importers: anyone who imports a product into the European Economic Area to sell, lease or otherwise supply it in the course of business, wherever the producer is established. The producer itself remains liable as well (Article 6:187(3) BW). Under Directive (EU) 2024/2853, the importer is liable where the manufacturer is established outside the EU (Article 8(1)(c))
• Suppliers: if the producer cannot be identified, every supplier is treated as the producer, unless it tells the injured person within a reasonable time who the producer or its own supplier is. If the importer of a product imported into the EEA cannot be identified, every supplier is likewise treated as the producer, unless it tells the injured person within a reasonable time who the importer into the EEA is or which supplier within the EEA supplied the product to it (Article 6:187(4) BW)

This broad definition means that an injured person can usually find a liable party within the EEA. Online retailers and wholesalers that import products from outside the EEA, for example from China or the United States, therefore face a considerable liability risk.

What Constitutes a Product in the Dutch Jurisdiction?

The concept of ‘product’ receives broad interpretation in product liability cases. A product includes any movable item, even after it has become a component of another movable or immovable item. This definition explicitly includes electricity according to Article 6:187 paragraph 1 BW.

The EU has adopted a new Product Liability Directive that aligns the rules with the digital economy. Directive (EU) 2024/2853 entered into force on 8 December 2024 and applies to products placed on the market or put into service after 9 December 2026 (Article 2(1)). Under it, “product” expressly includes software, digital manufacturing files and raw materials (Article 4(1)); AI systems are covered as software. A related service can count as a component of a product (Article 4(3)-(4)). Free and open-source software developed or supplied outside a commercial activity is excluded (Article 2(2)).

This matters because products increasingly depend on software updates and digital services. It also matters for refurbished products: under the new Directive, anyone who substantially modifies a product outside the manufacturer’s control and then makes it available is treated as its manufacturer (Article 8(2)). Member States must transpose the Directive by 9 December 2026 (Article 22(1)). At the time of writing (October 2026), Articles 6:185-6:193 BW have not yet been amended.

When is a Product Legally Defective Under Netherlands Law?

A product is defective if it objectively fails to provide the safety one may expect from it. The defectiveness test occurs through an ‘ex tunc’ assessment: the product is evaluated based on circumstances at the time of placing on the market, not later developments.

Under Article 6:186(1) BW, all circumstances are taken into account, in particular these three:

Product Presentation

How the product is presented partly determines whether it is defective. Incorrect labelling, incomplete instructions for use or misleading warnings can render a product defective, taking all circumstances into account (Article 6:186(1)(a) BW). Therefore, a producer must clearly communicate risks associated with using their product. For the average user, the dangers and consequences of ignoring warnings must be explicit.

Reasonably Expected Use

Producers must account for the use that can reasonably be expected of their product (Article 6:186(1)(b) BW). The test looks at how the intended users can reasonably be expected to use the product, not at every conceivable use. Whether a particular misuse is foreseeable depends on the circumstances of the case.

Time of Placing on Market

The defectiveness test is based on when the product enters the market. The mere fact that a safer product becomes available later does not make the earlier product defective according to Article 6:186 paragraph 2 BW. This protects producers against unreasonable claims based on later technological developments.

Case law has further refined the defectiveness test. In Boston Scientific Medizintechnik (judgment of 5 March 2015, Joined Cases C-503/13 and C-504/13), the Court of Justice of the EU ruled that medical devices such as pacemakers and implantable cardioverter defibrillators can be defective when they belong to a production series established to have a potential defect, without the specific product needing to exhibit the defect itself.

What Damage Does the Producer Compensate in the Netherlands?

Under Dutch law, the producer is liable for personal injury, death and property damage in the private sphere. According to Article 6:190(1) BW, compensable damage includes:

• Personal injury: All damage through injury or death of a natural person
• Property damage: damage to another item that is ordinarily intended for private use or consumption and was mainly used that way by the injured person, subject to a deductible (franchise) of €500 (Article 6:190(1)(b) BW). Damage to the defective product itself is not covered

Pure economic loss by businesses falls outside the scope. When a defective machine causes damage in a production facility, the entrepreneur cannot invoke product liability for business interruption or lost profits. Other rules of civil liability law apply here.

Directive (EU) 2024/2853 has no €500 threshold. It covers death and personal injury, including medically recognised damage to psychological health; damage to property, except the defective product itself and property used exclusively for professional purposes; and the destruction or corruption of data not used for professional purposes (Article 6(1)). These rules apply to products placed on the market or put into service after 9 December 2026.

How Does a Consumer Prove Product Liability According to Dutch Legislation?

The injured party bears the burden of proof for three elements (Article 6:188 BW). To succeed with a damage claim, the injured person must prove:

1. That damage occurred: Concrete damage such as injury or damage to property
2. That the product exhibits a defect: The product does not provide the safety that may be expected from it
3. Causal connection: The damage was caused by the defect in the product

The court assesses this evidence under the general Dutch rules of evidence. In complex cases involving pharmaceuticals, AI systems or smart products, injured persons regularly face evidentiary problems because of technical or scientific complexity.

The new Product Liability Directive eases the burden of proof. For products placed on the market or put into service after 9 December 2026, it introduces disclosure of evidence and rebuttable presumptions (Articles 9 and 10 of Directive (EU) 2024/2853):

• Presumption of defectiveness: the product is presumed defective if the defendant fails to disclose relevant evidence, if the claimant shows that the product does not comply with mandatory safety requirements meant to protect against the risk of the damage that occurred, or if the claimant shows that the damage was caused by an obvious malfunction during reasonably foreseeable use (Article 10(2))
• Presumption of causal link: once defectiveness is established, a causal link is presumed if the damage is of a kind typically consistent with the defect (Article 10(3))
• Disclosure of evidence: the defendant must disclose relevant evidence if the claimant has presented facts and evidence sufficient to support the plausibility of the claim; disclosure must be necessary and proportionate, and trade secrets are protected (Article 9(1) and (3)-(5))

Where the claimant faces excessive difficulties because of technical or scientific complexity, it is enough to show that the product is likely to be defective and/or that a causal link is likely (Article 10(4)). All presumptions can be rebutted by the defendant (Article 10(5)).

Can a Producer Be Released from Liability in Dutch Law?

Dutch law gives the producer six exhaustive defences. Under Article 6:185(1) BW, a producer is not liable if it proves that:

The Product Was Not Placed on Market

When the product has not left the producer, no liability exists. This defense applies, for example, to theft of products from the warehouse before they reach the market.

Mandatory Government Regulations

Liability ceases if the defect directly results from mandatory compliance with legal requirements. However, inspection requirements and guidelines that may be deviated from are not mandatory. Minimum requirements formulated by government authorities do not release from liability either. Producers in the food industry who comply with all food safety regulations can therefore still be liable for defective products.

Not Produced for Commercial Purposes

The producer is not liable if the product was neither manufactured for sale or any other form of distribution with an economic purpose, nor manufactured or distributed in the course of its business (Article 6:185(1)(c) BW). This protects, for example, private individuals who give away homemade products.

Impossible to Detect Defect

Producers are not liable if detecting the defect was impossible according to the state of scientific and technical knowledge. This defense primarily addresses defects in the design and construction phase not noticed due to insufficient knowledge. The most advanced level of science and technology at the moment of placing on the market applies here, not merely the industrial practices in the relevant sector.

Defect Arose After Placing on Market

The producer is not liable if, having regard to the circumstances, it is probable that the defect did not exist when it put the product into circulation, or that the defect came into being afterwards (Article 6:185(1)(b) BW). Consider spoilage of foodstuffs through incorrect storage by the retailer.

Component Without Influence on Defect

Manufacturers of a component and producers of a raw material are not liable if the defect is attributable to the design of the product in which the component or raw material is incorporated, or to the instructions given by the manufacturer of that product (Article 6:185(1)(f) BW).

These defences give producers limited escape routes. The producer must prove them; for the defence that the defect did not yet exist when the product was put into circulation, it is enough to show that this is probable. Liability is also reduced or cancelled, taking all circumstances into account, if the injured person’s own fault contributed to the damage, but not because the conduct of a third party contributed (Article 6:185(2) and (3) BW).

How Long Can You Claim for Product Liability in the Netherlands?

The right to compensation lapses ten years after the producer put the product into circulation. Under Article 6:191(2) BW, it expires ten years after the start of the day following the day on which the producer put the product that caused the damage into circulation. The same applies to the recourse claim against the producer of a third party who is also liable for the damage.

The injured person has three years to bring a claim. This limitation period starts at the beginning of the day after the day on which the injured person became aware, or should have become aware, of the damage, the defect and the identity of the producer (Article 6:191(1) BW).

For products placed on the market or put into service after 9 December 2026, Directive (EU) 2024/2853 keeps the three-year limitation period, which runs from when the injured person became aware, or could reasonably be expected to have become aware, of the damage, the defect and the liable economic operator (Article 16(1)). The ten-year expiry period runs from placing on the market, putting into service or, after a substantial modification, making available again (Article 17(1)). For latent personal injury, the expiry period is 25 years (Article 17(2)). This recognises that some products, for example medicines or medical devices, only cause health problems after many years.

How Do Product Warranty and Product Liability Relate Under Dutch Law?

Warranty and product liability are fundamentally different legal concepts. Warranty concerns contractual agreements between seller and buyer about the quality and soundness of the product itself.

Product liability, however, concerns the legal obligation to compensate damage caused by a defective product to other items or persons.

When a product breaks or does not function properly, the rules on conformity apply. A sold item must conform to the contract (Article 7:17 BW). If it does not, the buyer can demand repair or replacement (Article 7:21 BW) and, in a consumer sale, in certain cases dissolve the contract or reduce the price (Article 7:22 BW). Other rights and claims, such as damages, remain available. These are contractual claims against the seller.

If a defective product causes injury or damages other property, product liability applies. The producer must compensate the resulting damage. This liability cannot be excluded or limited towards the injured person, whether a consumer or not (Article 6:192(1) BW). The new Directive contains the same rule (Article 15 of Directive (EU) 2024/2853).

What Risks Do Businesses Face With Product Liability in the Netherlands?

Entrepreneurs who place products on the market run considerable financial risks. Product liability claims can lead to:

• Direct damage compensation: Costs for personal injury, medical treatments and damaged property
• Recall costs: Withdrawing products from the market can cost millions of euros, and manufacturers face specific obligations during a product recall under both Dutch law and the General Product Safety Regulation
• Reputation damage: Negative publicity damages brand image long-term, particularly in cases involving greenwashing claims about a product’s environmental performance
• Legal proceedings: Attorney costs and judicial procedures require substantial investments
• Insurance premiums: Higher premiums for liability insurance after claims

Since 25 June 2023, all Member States must provide for domestic and cross-border representative actions, including actions for redress, to protect the collective interests of consumers. Under Directive (EU) 2020/1828, these actions are brought by qualified entities designated by the Member States (Articles 4(1) and 24(1)), which substantially increases the risk of collective proceedings. Consequently, such entities can file claims on behalf of large groups of consumers, potentially resulting in enormous damage amounts.

How Do Entrepreneurs Protect Themselves Against Product Liability in the Netherlands?

Prevention forms the best protection against product liability claims. Entrepreneurs must take multiple measures:

Comply With Product Safety Rules

Products must meet legal product requirements before entering the EU market. This includes sector-specific legislation such as Machinery Directive 2006/42/EC (replaced by the Machinery Regulation (EU) 2023/1230 from 20 January 2027), Toy Safety Directive 2009/48/EC or the General Product Safety Regulation (EU) 2023/988. Compliance with these rules reduces the risk of defectiveness, although it provides no absolute guarantee against liability. Under the new Product Liability Directive, non-compliance with mandatory safety requirements can lead to a presumption of defectiveness (Article 10(2)(b) of Directive (EU) 2024/2853). Businesses should also verify CE marking enforcement requirements and, where relevant, obligations under regulations such as the EU Deforestation Regulation, whose application date was recently postponed.

Invest in Quality Control

Thorough testing and quality monitoring prevent defective products from reaching the market. Manufacturers must implement systematic procedures for product development, testing and continuous monitoring of product performance.

Ensure Correct Documentation

Clear instructions for use, warnings and product information protect against liability claims. Documentation must meet the expectations of the average user in the intended target group. Additionally, accurate administration is essential to document the production chain.

Purchase Appropriate Insurance

Business liability insurance can cover product liability, but cover differs per policy. Check the insured amounts and the exclusions, for example for recall costs or damage to the product itself. Given the risk of collective actions and the wider liability under the new Product Liability Directive, adequate insurance cover is important.

Make Contractual Arrangements in the Chain

Professional parties can allocate liability among themselves by contract. Such clauses do not affect the injured person (Article 6:192(1) BW), and where several persons are liable for the same damage under Article 6:185(1) BW, each of them is liable for the whole (Article 6:189 BW). Indemnity clauses and liability limitations in B2B contracts therefore work only between the contracting parties. Private label holders can, for example, agree that the manufacturer ultimately bears consumer claims. The recourse rules cannot be set aside to the detriment of a jointly liable third party who does not use the product in a business (Article 6:192(2) BW).

Prepare now for the new rules. Directive (EU) 2024/2853 entered into force on 8 December 2024, must be transposed by 9 December 2026 (Article 22(1)) and applies to products placed on the market or put into service after that date (Article 2(1)). Products placed on the market earlier remain subject to Directive 85/374/EEC and the current Articles 6:185-6:193 BW (Article 21). Software producers, manufacturers of smart devices and companies offering related digital services must prepare for wider liability, alongside parallel compliance areas such as waste management obligations under Dutch law.

Frequently asked questions about product liability under Dutch law

What does Article 6:185 of the Dutch Civil Code say about product liability?

Article 6:185(1) BW makes the producer liable for damage caused by a defect in its product, unless it proves one of six defences, such as that it did not put the product into circulation or that the defect could not be discovered given the state of scientific and technical knowledge at that time. Fault is not required. The injured person must prove the damage, the defect and the causal link (Article 6:188 BW).

Does Article 6:98 of the Dutch Civil Code apply to product liability claims?

The general rules on the extent of damages in Book 6, Title 1, Section 10 BW apply to statutory obligations to pay damages (Article 6:95 BW), and therefore also to product liability, within the limits of Article 6:190 BW. Under Article 6:98 BW, damage is only compensated if it is connected with the event on which liability is based in such a way that it can be attributed to the liable person as a consequence of that event, also taking into account the nature of the liability and of the damage. How broadly damage is attributed therefore depends on the type of liability and the type of damage.

Is there a separate Dutch product liability act?

No. The Dutch rules on product liability are not in a separate statute but in Book 6 of the Dutch Civil Code, section 6.3.3 (Articles 6:185-6:193 BW). They implement Directive 85/374/EEC. The new Directive (EU) 2024/2853 must be transposed into Dutch law by 9 December 2026.

Who is liable for a defective product imported from outside the EU?

Under current Dutch law, anyone who imports the product into the EEA for commercial supply is treated as the producer, in addition to the producer itself (Article 6:187(3) BW). If the producer cannot be identified, every supplier is treated as the producer unless it names the producer or its own supplier within a reasonable time. If the importer into the EEA cannot be identified, every supplier is likewise treated as the producer unless it names that importer or a supplier within the EEA that supplied the product to it (Article 6:187(4) BW). For products placed on the market after 9 December 2026, the new Directive adds the authorised representative and, failing both, the fulfilment service provider (Article 8(1)(c) of Directive (EU) 2024/2853).

When does the new EU Product Liability Directive apply?

Directive (EU) 2024/2853 entered into force on 8 December 2024 and applies to products placed on the market or put into service after 9 December 2026 (Article 2(1)). Directive 85/374/EEC is repealed with effect from that date but continues to apply to products placed on the market or put into service before it (Article 21).

Primary sources

• Dutch Civil Code (Burgerlijk Wetboek), Book 6: Articles 6:95, 6:98 and 6:185, 6:186, 6:187, 6:188, 6:189, 6:190, 6:191, 6:192 and 6:193
• Dutch Civil Code, Book 7: Articles 7:17, 7:21 and 7:22
• Council Directive 85/374/EEC of 25 July 1985 on liability for defective products
• Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC
• Regulation (EU) 2023/988 on general product safety
• Court of Justice of the EU, 5 March 2015, Joined Cases C-503/13 and C-504/13 (Boston Scientific Medizintechnik)

Use Legal Expertise for Product Liability in the Netherlands

Product liability under Dutch law requires specialized legal knowledge. The subject involves complex rules of evidence, European case law and technical questions about defectiveness and causal connection. Therefore, professional legal advice is essential for both prevention and disputes.

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