Best Dangerous Product Lawyers in Hasselt

About Dangerous Product Law in Hasselt, Belgium

Dangerous product law deals with products that pose an unreasonable risk to health, safety, or property. In Hasselt and throughout Belgium, two legal tracks usually apply. First, product safety rules determine whether a product is compliant, must be corrected, or must be recalled. Second, product liability rules determine who must compensate victims when a defective product causes harm.

Belgium follows European Union rules on product safety and liability. The General Product Safety Regulation applies from 13 December 2024 and sets uniform safety and recall duties across the EU. Belgium also applies a strict product liability regime under the Belgian Product Liability Act of 25 February 1991, which implements the EU Product Liability Directive. Under strict liability, an injured person does not need to prove producer fault, only that the product was defective and caused the damage.

Hasselt is in the province of Limburg in the Flemish Region. Claims are typically handled under Belgian federal law, with local courts and authorities in Limburg ensuring enforcement.

Why You May Need a Lawyer

You may need a lawyer if you suffered injury or property loss due to a household appliance catching fire, a lithium-ion battery exploding, unsafe toys injuring a child, a defective e-bike or scooter causing a crash, hazardous chemicals or cosmetics causing burns or illness, a faulty medical device, or contaminated food causing illness.

A lawyer can help you identify the correct defendant in the supply chain, gather technical and medical evidence, work with court-appointed experts, calculate damages, and negotiate with insurers. Legal counsel is especially helpful if there is a recall, cross-border elements, multiple potential defendants, or a dispute about whether your misuse contributed to the damage.

Lawyers also assist with urgent measures such as preserving evidence and obtaining a court-ordered expert investigation, and they can advise on settlement versus litigation in the Hasselt division of the Limburg courts.

Local Laws Overview

Strict product liability. The producer is liable for damage caused by a defect in a product that does not provide the safety which a person is entitled to expect. You must prove the defect, the damage, and the causal link. Damages include death or personal injury and damage to private property above 500 euros. Damage to the defective product itself is generally excluded. The claim must be brought within 3 years from the day you knew or should have known of the damage, the defect, and the identity of the producer, and no later than 10 years after the product was first put into circulation.

Who can be liable. The manufacturer, importer into the EU, own-brand seller, or the supplier if the producer cannot be identified. If the seller rapidly provides the identity of the producer or its own supplier, the seller may avoid liability under the strict regime, though contractual or other liability may still be relevant.

Defenses. Producers may rely on the development risks defense if the state of scientific and technical knowledge at the time did not allow the defect to be discovered. Compliance with mandatory standards does not automatically exempt liability. Fault by the victim can reduce compensation.

Product safety and recalls. Under the General Product Safety Regulation and the Belgian Code of Economic Law, producers and distributors must place only safe products on the market, monitor safety after sale, and notify authorities without delay if a product is dangerous. They must take corrective actions such as warnings, repairs, replacements, or refunds, and may have to organize a recall. Online marketplaces have specific duties to cooperate on dangerous product notices.

Sector rules. Additional EU and Belgian rules apply to specific sectors such as food safety, cosmetics, toys, electrical equipment and CE marking, machinery, medical devices, pharmaceuticals, biocides, and chemicals under REACH and CLP. These regimes can trigger administrative actions and inform civil claims.

Consumer rights and guarantees. For consumer sales, Belgian law provides a 2-year legal guarantee for lack of conformity, with rules derived from the EU Sale of Goods Directive. This is separate from strict product liability and can provide repairs, replacement, or refund from the seller in addition to any damages claim against a producer for defects that cause unsafe conditions.

Collective redress. Belgium allows consumer class actions brought by qualified representative bodies under the Code of Economic Law. These can be relevant for widespread dangerous product incidents. Participation is typically opt-in, with opt-out possible for residents in some cases.

Procedure and evidence. Courts in Limburg, including the Hasselt division, often appoint independent technical experts to determine defectiveness and causation. Preserving the product, packaging, receipts, and photographing the scene is critical. Medical documentation and witness statements are key.

Language and costs. Proceedings in Hasselt are conducted in Dutch. Belgium applies a partial loser-pays rule for procedural costs. Pure contingency fees are prohibited, but a success-based supplement in addition to base fees may be permissible. Legal expenses insurance and pro deo legal aid may be available.

Frequently Asked Questions

What should I do immediately after being harmed by a dangerous product?

Seek medical help, preserve the product in its current state, keep all packaging and receipts, photograph the product and the scene, note serial numbers and batch codes, and avoid repairing or discarding the item. Report the incident to the seller and the relevant authority, and contact a lawyer quickly to protect deadlines and evidence.

Who can I sue if I bought the product online from a foreign seller?

You can often sue the EU importer, the manufacturer, or the own-brand owner. Under EU rules there must be an economic operator responsible in the EU for many regulated products. Online marketplaces have cooperation duties on safety and recalls, but liability will depend on their role. A local lawyer can trace the correct defendant and forum.

What compensation can I claim?

Typical heads of damage include medical costs, rehabilitation, lost income, loss of earning capacity, pain and suffering, assistance costs, and property damage to items for private use above 500 euros. Damage to the defective product itself is generally not recoverable under strict product liability but may be under contract or warranty law.

How do I prove a defect?

You must show the product did not provide the safety a person is entitled to expect, considering how it was marketed, instructions and warnings, foreseeable use or misuse, and the time it was put on the market. Technical expert evidence is often decisive. Courts commonly appoint independent experts in Limburg to evaluate defectiveness and causation.

What are the time limits to bring a claim?

There is a 3-year period from the day you knew or should have known of the damage, the defect, and the responsible party, and a 10-year long-stop from when the product was first put into circulation. Other time limits may apply for contractual claims or specific sectors, so act promptly.

Does a product recall guarantee a refund or compensation?

A recall usually offers a repair, replacement, or refund to remove the danger. A recall does not automatically compensate for injuries or consequential losses. You may still pursue damages through a liability claim. Follow the recall instructions and keep proof of your participation.

Can I claim if I was not the purchaser or if it was a second-hand product?

Yes. Strict product liability protects users and third parties, not only purchasers. For second-hand goods, liability depends on whether the defect existed when the product was first put into circulation and on the nature of the seller. Consumer guarantee rules may be more limited for second-hand items, but safety and liability rules still apply.

What if I misused the product?

If misuse was foreseeable or due to inadequate warnings, you may still recover. If your misuse was significant and unforeseeable, your compensation may be reduced or denied. The court assesses comparative fault and the product presentation and instructions.

Are class actions available for dangerous products in Belgium?

Yes, qualified consumer organizations can file a collective action for consumers. This can lead to injunctive relief or compensation frameworks. You would typically opt in to participate. A lawyer can advise whether a collective action exists for your product and whether to join or pursue an individual claim.

How are legal fees handled and is legal aid available in Hasselt?

Belgium prohibits pure contingency fees, but a success-based supplement may be combined with base fees. The losing party may pay part of the winner’s procedural costs. Many people have legal expenses insurance that can cover fees. Persons with limited means can request pro deo assistance via the Bureau voor Juridische Bijstand in Limburg.

Additional Resources

FOD Economie - Algemene Directie Economische Inspectie. Federal authority for product safety, recalls, and market surveillance. You can file safety complaints and obtain recall information.

Belgian Safety Gate portal. Centralized platform for alerts on dangerous non-food products and recalls aligned with EU Safety Gate.

Federaal Agentschap voor de Veiligheid van de Voedselketen - FAVV. Handles food safety incidents and recalls.

Federaal Agentschap voor Geneesmiddelen en Gezondheidsproducten - FAGG. Oversees medicines and medical devices safety and vigilance.

Antigifcentrum - Belgian Poison Control Centre. For acute exposures to chemicals or dangerous substances.

Belmed - FOD Economie mediation platform. Alternative dispute resolution for consumer disputes.

Consumentenombudsdienst. National Consumer Ombudsman for resolving consumer disputes.

Rechtbank van Eerste Aanleg Limburg - Afdeling Hasselt and Ondernemingsrechtbank Antwerpen - Afdeling Hasselt. Local courts that hear civil and commercial product disputes.

Bureau voor Juridische Bijstand Limburg. Access to pro deo legal aid for eligible individuals.

Next Steps

One - Get medical care and ensure your safety. Keep all medical records and invoices.

Two - Preserve evidence. Store the product, packaging, manuals, receipts, and any remaining parts in a safe place. Take clear photos and note serial or batch numbers.

Three - Report the incident. Notify the seller and the relevant authority. Ask the seller about any recall or corrective actions.

Four - Notify insurers. Inform your legal expenses insurer and any health or household insurer. Insurers may help with expert assessments and costs.

Five - Consult a lawyer in Hasselt. Bring the product, documents, medical records, and a chronology of events. Ask about strategy, evidence, possible defendants, time limits, funding options, and chances of settlement.

Six - Consider urgent measures. Your lawyer may request a court-appointed expert to examine the product early, or seek interim relief to secure evidence.

Seven - Decide on the legal route. This may include a strict liability claim against the producer, a contractual claim against the seller, a negotiation with insurers, or participation in a collective action if available.

Act quickly to avoid missing deadlines. Early legal advice improves the chances of preserving evidence and obtaining full compensation.