In the light of Consumer Protection Act, 2019, highlight the concept of Product Liability Action and discuss the liability of the Product Manufacturer.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2023
In the light of Consumer Protection Act, 2019, highlight the concept of Product Liability Action and discuss the liability of the Product Manufacturer.
Answer & Explanation:
According to Section 83 of the Consumer Protection Act, 2019, a Product Liability Action may be brought by the complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. Section 84 of the Consumer Protection Act, 2019 states that a product manufacturer shall be liable in a product liability action, if: The product contains a manufacturing defect; or The product is defective in design; or There is a deviation from manufacturing specifications; or The product does not conform to the express warranty; or The product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage. A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.
Topics: Consumer Protection Act, 2019
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