Product liability and its legal consequences

Definition: Product liability refers to a manufacturer or

seller being held accountable for placing a defective
product in the hands of a customer.
Privity of contract states that an injured person can sue
the negligent person only if he or she was a party to the
transaction with the injured person.
‘Privity of contract’ is no longer a requirement to sue for
product liability– any person whom the defendant could
foresee that he would suffer from injury can sue.
Three major types of product liability claims
Manufacturing - Those that occur in the course of a
product's manufacture or assembly. This is the most
common and obvious type of product liability claim
when the product that causes the injury was defectively
manufactured. A product that has a manufacturing
defect is faulty because a mistake occurred in the
manufacturing process. It could have, for example,
occurred at a factory where the product was fabricated.
Examples of a product with a manufacturing defect
include:
* An elevator with a defectively manufactured pulley
system that causes the car to collapse or fall injuring
passengers.
* A vehicle with a missing steering part that causes loss
of vehicle control.

Design - In these cases, a product's design is

inherently dangerous or defective. So, these types of
product liability claims don't arise from some mistake
during the manufacturing process, but rather involve
the claim that an entire line of products is inherently
dangerous irrespective of the fact that the product that
caused the injury was made perfectly according to the
manufacturer's specifications.
Here are some of the most common examples of
design defects:
* A badly designed coffee maker that sprays hot liquid
on users causing burn injuries.
* An inclined sleeper that could cause children to
accidentally suffocate as a result of defective design.
Marketing - A marketing defect occurs when a
product has inadequate warnings or instructions
regarding its proper use. The manufacturer of a
product has a duty to warn its users of dangers that
are not obvious.
Here are a few examples of situations that could result
in a failure-to-warn claim:
* Child car seats and booster seats should come with
specific instructions about proper installation failing
which the seat may not properly protect the child.
* A sleeping pill that does not include on its label a
warning that it may potentially cause dangerous side
effects.
Conditions to claim :
The conditions of a product liability case , first, you
must be injured prove that the defendant's product
or actions caused the injury. You have to prove that
the product caused the ijury and not any external object
.
Second, the product must be defective.
As long as the product conduct resulted in injuries ,
one can make a claim for the damages.

Legal consequences
The CPA 2019 now provides for detailed ambit on
product liability with specific responsibilities and
liabilities of a 'product manufacturer, 'product service
provider' or 'product seller', of any product or service, to
compensate for any harm caused to a consumer by
such defective product manufactured or sold or by .
In what case the product is said to be defective :
Any product that is unreasonably unsafe when used for
its initial purpose, without any changes or
modifications, is considered defective

Who is Entitled to File a Complaint?

An action for product liability claims can be brought
against a product manufacturer by multiple people
including a
1. consumer,
2.a registered voluntary consumer association,
3.Central or State Government,
 4.one or more consumer(s) where a number of
consumers have the same interest.

Aside from imprisonment and fines, the CPA, 2019

allows victims to seek compensation for any injury they
have suffered as a result of a faulty product.
In addition, the CPA, 2019 considers the suspension
(up to two years) of any licence issued for the first
incident, as well as the termination of such licence in
the case of a second crime.