Definition
Liability for defective product.
Liability of manufacturer for harm caused by defective product.
Statutory Definition
Consumer Protection Act, 2019.
Etymology & Origin
A concept born from tort law and consumer protection, evolving to hold manufacturers strictly liable for injuries caused by products placed into the stream of commerce.
Full Legal Analysis
Product Liability is the legal framework that holds manufacturers, distributors, and sellers responsible for the injuries or damages caused by defective products they supply to the market. It shifts the burden away from the concept of 'buyer beware' (caveat emptor).
Introduced comprehensively in Indian law via the Consumer Protection Act, 2019, it allows consumers to claim compensation if a product contains a manufacturing defect, design defect, or lacks adequate warnings/instructions.
This is a strict form of liability. A consumer does not necessarily need to prove negligence on the part of the manufacturer; proving that the product was defective and caused harm is often sufficient.
Though an English case, this landmark decision laid the foundation for product liability in tort by establishing the 'neighbour principle' for manufacturer liability, heavily influencing Indian jurisprudence.
Advocates handling product liability claims under the 2019 Act must meticulously identify whether to sue the manufacturer, seller, or service provider, as the statute specifies different grounds for liability for each entity.
This Term in Indian Statutes
Consumer Protection Act, 2019, 2019
"Lays down the law regarding the liability of a product manufacturer, service provider or seller."
The dedicated statutory framework governing product liability claims in India.
