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
- Section 2(34), Consumer Protection Act, 2019.
- Section 2(22), Consumer Protection Act, 2019.
- Section 83, Consumer Protection Act, 2019
- Section 84, Consumer Protection Act, 2019.
- Section 86(b), Consumer Protection Act, 2019.
- Section 86(e), Consumer Protection Act, 2019.