+ 31(0)20 66 25 030 info@avb-law.nl

Product liability

Have you bought a defective product and suffered personal damage as a result? Even then you can turn to AVB Law and there is a chance of a successful reimbursement of your damage based on product liability in article 6:185 BW,

A producer is liable for damage caused by the defect in his product. It concerns both the manufacturer, producer of a part or someone who presents himself as the producer of the product. The criterion for a defective product is that it does not offer the safety one would expect. It is based on the “expectation” of the general public – but of course it remains a subjective criterion that can be disputed and depends on the property that could be expected of the product under the circumstances of the case. A good indication is that the product is suitable for its intended use. There are all kinds of faults in a product: a construction fault, a fault in the production process or an instruction fault.

It is worth noting that the consumer must prove that the product is defective. Obviously, the defect also depends on the use by the buyer and his caution with the product. The Supreme Court has ruled that the producer cannot count on the user always taking all precautions. Improper or careless use of the product does not therefore immediately lead to no liability. The producer must therefore align his product to the incompetent user. If specific risks apply to the product, the producer also has an information and warning obligation towards the consumer.

Did you suffer damage due to a defect in a product?

Please feel free to contact us for the possibilities for compensation. The lawyers at AVB Law are happy to help you!


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