The concept of product liability was introduced in the Algerian legal framework by article 140 bis of Civil Code, added by law No. 05-10 of June 25, 2005. This article establishes civil liability for defective products to preserve the rights of victims whether there is a contract or not.
This article protects contractors, co-contractors and third-party users who are not bound by any contractual relationship with the producer.
But this legal device was insufficient, since each time it was necessary to prove the fault which led to the damage and to establish an unequivocal causal link. However, faced with technological development and the complexity of more and more products it has become difficult or even impossible to prove fault and whom it is incumbent in accordance with civil liability rules.
Law No. 03-09 of February 25, 2009, relating to consumer protection and repression of fraud not only assert a right to safety but above all sets up a special liability system of the products delivered, known as No Fault Liability (as of right). This liability can be described as an objective liability based on risk and no fault. The provisions of this law apply to any breach of commitment and at all the consumption stages process (manufacturer, importer, wholesaler/retailer). The main obligations established by this law are:
