Liability claim in case of sale of defective product?

Questioner

Today I was at the Chamber of Commerce to register my own company. The man who helped me asked me if I was aware of the requirements that apply to my product. I would like to start selling homemade hair clips that are suitable from baby age. I import the materials I use for this from China. Loose objects are glued onto these hair clips. The clips are not meant to be played with. What are the rules regarding this product? And to what extent can I be held liable if something goes wrong with one of the pins?

Lawyer

It is important to know that producers and sellers in the Netherlands have a so-called 'product liability'. This means that you are responsible for the safety of your products. If it turns out that a product you sell is not safe, and it causes damage, you can be held liable for it. Homemade hair clips intended for babies fall under the category of 'products for children under three years of age'. Strict rules apply to this. The products must comply with the European safety standards (EN71) for toys. Even if you indicate that the clips are not intended for playing with, when it comes to products for babies, these standards usually apply. The parts on the pins must not contain small parts that can come loose and pose a choking hazard. They must also not be sharp or contain harmful substances. This means that you must be sure that the materials you import from China are safe. If your product does not meet safety standards and something happens, such as a child choking on a loose part, you could be held liable. It is therefore essential to ensure the safety of your products. In this case, it is advisable to consult an expert to be completely sure that you meet all safety requirements. This can be a company that specializes in product safety or a lawyer or attorney who specializes in product liability. Also make sure to include clear instructions and warnings with your product, such as that it is not intended for play and should not be used without adult supervision. You may also want to consider purchasing product liability insurance, just in case something does go wrong. But as I noted earlier, for definitive confirmation of this advice it is wise to contact a lawyer or attorney. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.