The Particular Legal Nature of Producer’s Defenses in Consumer Litigation

Bensaada, Hadda; Bensalem, Ahmed Abderrahman

دراسات اقتصادية
Volume 19, Numéro 3, Pages 224-235
2025-11-02

The Particular Legal Nature Of Producer’s Defenses In Consumer Litigation

Authors : Bensaada Hadda . Bensalem Ahmed Abderrahman .

Abstract

This article examines the specificity of producers’ defenses against consumer claims by comparing the general rules of liability with special provisions on consumer protection. The study highlights that the legislator has broadened consumers’ legal options to initiate claims—whether under contractual liability, tort liability, or based on damage caused by defective products—while also expanding the circle of liable parties to include not only the original manufacturer but also component producers and distributors. At the same time, the legislator has preserved producers’ interests by introducing additional defenses under Directive 85/374/EEC, such as the development risks defense, the defense of non-marketing, and the defense of compliance with mandatory regulations. These defenses have generated debate among jurists and courts, with proponents considering them necessary to preserve innovation and industrial growth, while opponents view them as unfairly limiting consumer rights. The article also notes the influence of French law on Algerian legislation, albeit with notable differences. The study concludes with recommendations, including the creation of specialized consumer chambers within courts, alleviation of the burden of proof for consumers, and the establishment of automatic compensation funds for damages caused by defective products. These measures aim to strike a fair balance between consumer protection and the promotion of industrial innovation and economic development.