What is risk liability (risicoaansprakelijkheid) under Dutch law?

Dutch term: Risicoaansprakelijkheid | Legal basis: Articles 6:169-6:184 BW

Risk liability (risicoaansprakelijkheid) under Dutch law is liability without fault. Articles 6:169 to 6:184 of the Dutch Civil Code establish risk liability for specific categories including liability of parents for children, employers for employees, owners of defective buildings, possessors of animals, and operators of motor vehicles and hazardous substances.

Unlike fault-based tort liability (article 6:162 BW), risk liability does not require proof that the liable party acted wrongfully or negligently. The liability is triggered by the occurrence of the risk that the provision was designed to address. The liable party can defend only on narrow grounds specific to each provision.

Why it matters for international businesses

For manufacturers and businesses operating in the Netherlands, risk liability for employees (article 6:170 BW) and for defective products (articles 6:185-6:193 BW) are the most practically relevant provisions.