Product liability law is not concretely stipulated in Senegalese legislation. Indeed, Senegal has not yet adopted a specific system enshrining the product liability regime. Senegal's economy is not primarily oriented towards the manufacture of consumer products. Therefore, product liability is not identified as an independent area of litigation requiring special attention through the adoption of specific legislation or policy.
However, the state, through various acts, has put in place protection and claim systems for third parties. In the event of damage suffered as a result of a defective or "risky" product, the latter may engage the liability of the owner or guardian of the product.
Senegal does not have specific legislation on product liability and regulating the obligations of manufacturers towards consumers. However, there are various texts that allow the liability of owners, guardians of companies or factories at risk and that may cause damage to the environment and/or to third parties. The regime of product liability provided for in the Commercial and Civil Obligations Code (in French Code des Obligations Civiles et Commerciales) can also be applied in the event of damage caused by any person who has control over the product that is the subject of the damage.
In addition to the provisions mentioned above, Senegalese courts rely on court precedents and principles in making their decisions. Moreover, the Supreme Court has relied on the provisions of the COCC to hold an institution liable for holding a dangerous product and causing damage to a third party.
