What is product liability under Dutch law?

Dutch term: Productaansprakelijkheid | Legal basis: Articles 6:185 to 6:193 of the Dutch Civil Code; Product Liability Directive (EU) 2024/2853

Product liability under Dutch law imposes strict liability on manufacturers for damage caused by defective products. The current regime is based on the Dutch implementation of the original EU Product Liability Directive (85/374/EEC) in articles 6:185 to 6:193 of the Dutch Civil Code. From 9 December 2026, this will be replaced by the new Product Liability Directive (2024/2853), which expands coverage to digital products, software and AI systems.

Strict liability means the claimant does not need to prove fault on the part of the manufacturer, only that the product was defective, that damage occurred, and that there is a causal link between the defect and the damage. The manufacturer can defend on limited grounds, including the state-of-the-art defence (the defect was not discoverable given the state of scientific and technical knowledge at the time of putting the product into circulation).

In the Netherlands, product liability claims can be brought under the specific product liability regime, under general Dutch tort law (article 6:162 of the Dutch Civil Code), and, where a direct contractual relationship exists, under contract law. The choice of legal basis affects the burden of proof, the available defences, and the scope of recoverable damages.

Why it matters for international businesses

Manufacturers, importers and distributors placing products on the EU market through the Netherlands face product liability exposure that should be managed through proper compliance, contractual risk allocation and insurance. See our product compliance law firm page or contact Martin Kruger for specific advice.