Product liability in Nigeria: a paradigm shift from fault-based to strict liability regime

Abstract

Until recently, civil liability for product defect in Nigeria was essentially fault-based under the law of contract and the tort of negligence. This made it extremely difficult for consumers to recover damages against manufactures and sellers of defective products and constituted a serious deterrence to consumers from seeking redress when they suffer loss or damage as a result of defective products. This article analyses the relevant provisions of the new Federal Competition and Consumer Protection Act 2018 and argues that they constitute a departure from the fault-based contract and negligence principles in favour of a strict product liability regime.