Strict liability for defective products in Cameroon? Some illuminating lessons from abroad

Abstract

Notwithstanding the weaknesses of the tort of negligence as a mechanism for compensating victims of defective products, it remains the only avenue for recourse when the rights of consumers in Cameroon are infringed. While strict liability for defective products has been introduced in several (mostly Western) jurisdictions, Cameroonian law in this context remains unchanged. This article makes a critical analysis of the reform/experiences in those jurisdictions. It argues against the prevailing negligence or fault-based system in Cameroon within the context of the contemporary global economic order and advocates for the introduction of a strict liability regime. It contends that law reform will not have any more negative consequences on the Cameroonian economy and nascent industries than it did in those jurisdictions where the scheme is currently operational. Nevertheless, it cautions on what to expect in the advent of law reform and sounds a warning note on the potential pitfalls for the Cameroonian legislator to guard against.