General safety obligation
- Any product or service placed on the market must, under normal conditions of use, offer the safety that may legitimately be expected.
- The producer and the distributor inform users of the risks and ensure product traceability.
- The administration may order the withdrawal of dangerous products from the market, their recall from consumers or their destruction.
Liability for defective products
- The producer is liable for damage caused by a defect in its product, whether or not it is bound by a contract with the victim.
- The defect is assessed in light of the product's presentation, the use that may reasonably be expected of it and the time it was put into circulation.
- The action is time-barred within the periods laid down by the Code of Obligations and Contracts, running from knowledge of the damage and the defect.
Key articles
A lawyer's points to watch
- Keep the packaging, the instructions and the proof of purchase: they establish when the product was put into circulation and its expected use.
- The distributor may be sued where the producer cannot be identified.
- A clause excluding or limiting product liability has no effect against the victim.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.