Professional liability insurance "Delivered Products"
RC Products delivered
Any product [1] intended for consumption and / or use must comply with the required safety, health and hygiene standards before placing it on the market [2]. When a product causes damage [3] to the consumer (s) [4], the person to whom the event giving rise to the damage is attributed is deemed to be liable and must therefore bear the financial consequences of this liability.
This is why the law, for the sake of protecting the consumer, obliges anyone involved in the manufacturing process of the product (from its design to its delivery) to insure itself against these risks by taking out insurance called "Liability". civil products ”.
Legal references of the insurance obligation
Who is subject to compulsory insurance?
What products are covered by this insurance obligation?
What is the purpose of this compulsory insurance?
What about in case of shared responsibility?
What are the penalties for defaulting on insurance?
Other legislative references dealing with the same topic (Law 09-03)
1. Legal references of the insurance obligation:
Ordinance 95-07, relating to insurance (amended and supplemented).
Art. 168-Paragraph 1. Any natural or legal person who carries out the design, manufacture, transformation, modification or packaging of products intended for consumption or use, is required to take out insurance for his professional civil liability vis-à-vis -visits consumers, users and third parties.
Executive Decree No. 96-48 of January 17, 1996 fixing the terms and conditions of insurance for "product liability". (OJ n ° 5 of January 21, 1996).
Article 1. In application of the provisions of article 168 of ordinance n ° 95-07 of January 25, 1995 referred to above, the purpose of this decree is to set the terms and conditions of professional civil liability insurance vis-à-vis consumers, users and third parties. This insurance is known as "Product civil liability".
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2. Who is subject to the compulsory insurance?
Subject to this obligation, all natural or legal persons (PME-PMI) involved in the production of goods and who carry out all or one of the following activities; 1-Design, 2-Manufacturing, 3-Processing, 4-Modification, 5-Packaging, 6-Importation, 7-Distribution.
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3. What are the products covered by this insurance obligation?
These are food, pharmaceutical, cosmetic, hygiene, industrial, mechanical, electronic, electrical products and, in general, any product liable to cause damage to consumers, users and third parties [5].
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4. What is the purpose of this compulsory insurance?
The purpose of "product liability" insurance is to guarantee, in accordance with the legislation in force, the pecuniary consequences of the professional civil liability of the insured [6] due to bodily, material and pecuniary damage caused to consumers, users. and to third parties by products [7].
Practical explanation:
A person having bought a television set and during its use (in compliance with the usual standards and instructions), this appliance heats up abnormally, then catches fire and explodes, causing material damage and bodily injury to those present.
After assessment of the damage and the discovery of the event giving rise to the accident, any victim of this accident is entitled to take legal action and claim damages and compensation from the person (s) responsible.
This is when the insurer steps in to take charge of the payment of the amount allocated by the judge.
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5. What about in case of shared responsibility?
If it turns out (after expertise), that the responsibility for the accident is shared between several parties, (example; the designer of the transformer, the manufacturer of the socket, etc.) each insurer (of these parties) will intervene in proportion to the responsibility incumbent on its insured.
Art 3. Executive Decree 96-48. In the event of joint or several liability of the insured with other parties, the insurance cover has effect only in proportion to the liability of each party involved in the damage suffered.
The operator in the field of production is also required, in addition to the obligation of insurance, to take all appropriate and necessary measures for the prevention of damage and the rescue of products [8].
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6. What are the penalties for defaulting on insurance?
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