What is Product Liability?

Product liability refers to the responsibility of the product manufacturer or seller to compensate for the harm caused to the customer due to a defect in the product or deficiency in service¹. The harm caused can include issues such as personal injury, mental distress, death, damage to property, breach of contract, etc². For example, if an online food product causes health issues or is highly adulterated, a consumer can file a complaint to bring about a product liability action against the seller³. A complaint can be filed against the product manufacturer, the seller and the service provider in such cases.

Instances of product liability ⁴

• When the product has a manufacturing defect or is not good enough 
• Where the manufacturing of the product did not conform with manufacturing specifications
• Modification or alteration in the product that has caused the harm⁵
• The product has a design, testing or packaging defect
• Inadequate instructions or warnings as to the usage of the product bought⁶
• Product that does not conform with the express warranty or guarantees mentioned

1. Section 2(34), Consumer Protection Act, 2019.[↩]
2. Section 2(22), Consumer Protection Act, 2019.[↩]
3. Section 83, Consumer Protection Act, 2019[↩]
4. Section 84, Consumer Protection Act, 2019.[↩]
5. Section 86(b), Consumer Protection Act, 2019.[↩]
6. Section 86(e), Consumer Protection Act, 2019.[↩]