Here are some notes on product liability under the Consumer Protection Act, 2019 in detail:
- Product liability is the legal responsibility of a product manufacturer or seller for harm caused by a defective product.
- The Consumer Protection Act, 2019, provides for a strict liability regime for product liability. This means that the product manufacturer or seller is liable for harm caused by a defective product, even if they were not negligent.
- There are two types of product liability under the Consumer Protection Act, 2019, namely:
- Manufacturing defect liability. This type of liability arises when a product is defective due to a manufacturing error.
- Design defect liability. This type of liability arises when a product is defective due to a design flaw.
- The Consumer Protection Act, 2019, also provides for a number of defenses that can be raised by a product manufacturer or seller in a product liability case. These defenses include:
- The product was not defective.
- The consumer knew about the defect and assumed the risk.
- The consumer misused the product.
Here are some of the key provisions of the Consumer Protection Act, 2019, on product liability:
- Section 82 of the Act provides that a product manufacturer or seller shall be liable to compensate a consumer for any harm caused by a defective product.
- Section 83 of the Act defines a defective product as a product that does not meet the standard of safety that a reasonable person would expect.
- Section 84 of the Act sets out the two types of product liability, namely manufacturing defect liability and design defect liability.
- Section 85 of the Act provides for a number of defenses that can be raised by a product manufacturer or seller in a product liability case.
If you have been injured by a defective product, you may be able to file a product liability lawsuit against the product manufacturer or seller. You should contact an attorney to discuss your legal options.