PRODUCT LIABILITY UNDER THE LAWS OF ARUBA AND THE NETHERLANDS ANTILLES
Product liability can be based on tort or breach of contract
Product liability is about the liability of manufacturers of any product for damage caused by that product. A product is defective if it does not provide the level of safety that the community generally is entitled to expect. Product liability can be based on a contract between the manufacturer of the product and its counterparty (breach of contract) or on the provisions of the Civil Code of the Netherlands Antilles or Aruba that deal with the concept of tort.
Any unlawful act (tort) that inflicts damage upon another obliges the person who can be held accountable for that act to repair the damage, which is caused by his negligence or by someone for who he is accountable. An unlawful act is an act that:
– is a breach of a statutory duty,
– violates the rights of another, or
– is contrary to the (applicable) standard of care owed towards the person or the property of someone else
It goes without saying, that if the distribution or manufacturing of a defective product is in violation with statutory requirements, the requirement of tort is met and liability then depends on whether the manufacturer was at fault. In other cases, the question whether the manufacturer was negligent, is similar to the question whether he met the standard of care.
The Civil Code describes ‘damage’ as damage caused by death or personal injury or damage to any property intended for private use insofar it exceeds (approximately) US$ 680. A manufacturer includes the manufacturer of component parts.
A person has five years to bring an action from the time he becomes aware (or ought reasonably to have become aware) of the loss, the defect and the identity of the manufacturer. If the five-year period does not apply, action must be commenced within twenty years of the time the event that caused the damage took place.
Karel Frielink
Attorney (Lawyer) / Partner
