The IUP Journal of Law Review
Product Liability and Consumer Protection in India: A Work in Progress
Article Details
| Pub. Date | : Jan 2022 |
|---|---|
| Product Name | : The IUP Journal of Law Review |
| Product Type | : Article |
| Product Code | : IJLR20122 |
| Author Name | : Vikas Trivedi and Anandkumar R Shindhe |
| Availability | : YES |
| Subject/Domain | : Arts & Humanities |
| Download Format | : PDF Format |
| No. of Pages | : 9 |
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Abstract
Right to Safety is one of the major consumer rights sought to be protected and promoted under the Consumer Protection Act. Every product entering the market has to meet the test of legitimate expectation of safety to consumers. In cases where the product falls short of safety standards, the consequences can be very damaging for the consumers. Product liability refers to the consumption accident that results from defects in a product. Of late, the cases of defective products have been on the rise from all sectors-food and beverages, pharmaceuticals, personal care products, domestic appliances, motor vehicles, farm machinery, and many others. Traditionally, the product liability cases have been taken up under the law of torts and contract law. The Indian Contract Act, 1872 and Sale of Goods Act, 1930 have been the major legislations dealing with product liability to an extent. While there have been a few other sector-specific legislations as well dealing with product liability, there was no general legislation dealing with the issue. The recent Consumer Protection Act, 2019 contains specific provisions laying down the liability for the manufacturers, sellers, and service providers. This paper traces the historical evolution of the concept of product liability in India, discusses landmark cases and examines the provisions of product liability with reference to the Consumer Protection Act, 2019.
Introduction
Right to Safety is one of the major consumer rights sought to be protected and promoted under the Consumer Protection Act. Every product entering the market has to meet the test of legitimate expectation of consumer safety. In cases where the product falls short of safety standards, the consequences can be very damaging. Product liability refers to the consumption accident that results from defects in a product.
In simple terms, product liability is the liability of the manufacturer or a seller or service provider for an injury caused to the user which is foreseeable as a result of using the product. The law relating to product liability action not only compensates the victim but also provides accountability for retailers, manufacturers, distributors, etc. The two most important theories on which product liability action depends are a breach of warranty and strict liability.1
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