product liability

In tort, product liability grew from Donoghue v. Stevenson (House of Lords, 1932), which held that a manufacturer owes a duty of care to the ultimate consumer, removing the need for privity of contract. The claimant had to prove negligence.

In India the Consumer Protection Act, 2019 now provides a statutory product liability action. A product manufacturer is liable if the product has a manufacturing defect, design defect, deviation from specifications, does not conform to an express warranty, or lacks adequate instructions or warnings. The manufacturer is liable even if he proves he was not negligent or fraudulent in making the warranty. Separate rules apply to product service providers and sellers, with listed exceptions.

Example

The injured buyer brought a product liability action under the 2019 Act against the manufacturer of the exploding pressure cooker for a design defect.

In Indian law

• Chapter VI, ss.82 to 87, Consumer Protection Act, 2019
• Donoghue v. Stevenson (House of Lords, 1932)

See also

negligence · consumer · duty of care · strict liability

Read more in the study notes

• Invoices, packing and product liability (International Trade Economics)
• Consumerism, the consumer movement and voluntary organisations (Business Environment)
• Consumer Protection Act, 2019 (Law of Torts)
• Marketing environment: micro and macro forces (Marketing and Service Management)