On May 16, 2023, the Dutch Food and Consumer Product Safety Authority (NVWA) banned the sale of therapeutic swings, which pose a serious risk of strangulation. This ban followed a tragic incident in which a child died because the swing’s cloth was twisted around his neck. But what are your options when a loved one dies through someone else’s fault?

Death damages and article 6:108 BW

When a person dies at the hands of another, there is a death injury. This can happen, for example, in a traffic accident, a medical error or, as in this case, a dangerous product. According to Article 6:108 of the Civil Code (BW), the next of kin are entitled to compensation for the cost of burial or cremation, as well as compensation for loss of maintenance.

To qualify for damages, there must be fault on the part of another person. In the case of the therapeutic swing, the NVWA may be potentially liable for allowing dangerous products on the market.

Personal injury lawyer for death damages

The loss of a loved one is a drastic event. It is understandable that in such a situation you don’t want to get involved in claiming compensation right away. Nevertheless, it is important to take action in time and hire a personal injury lawyer. They can assist you in the process and ensure that you get what you are entitled to.

At Munten Personal Injury, we understand that the loss of a loved one carries a heavy burden. Our experienced personal injury lawyers are happy to assist you during this difficult time. Please contact us without obligation at wouter@muntenletselschade.nl or 06-21152677.