Sections 82 to 87 of the Consumer Protection Act 2019: Product Liability
Chapter VI of the Consumer Protection Act, 2019 creates the statutory framework for product liability claims. Sections 82 to 87 identify when compensation may be claimed for harm caused by a defective product, who may be liable, the grounds of liability, and the principal statutory exceptions.
Section 82 - Application of Chapter
Section 82 applies Chapter VI to every claim for compensation under a product liability action by a complainant for harm caused by a defective product manufactured by a product manufacturer, serviced by a product service provider, or sold by a product seller.
In practical terms, this is the gateway provision defining the class of compensation claims governed by the product liability chapter.
Section 83 - Product liability action
A complainant may bring a product liability action against a product manufacturer, product service provider, or product seller, as applicable, for harm caused by a defective product.
Section 84 - Liability of product manufacturer
A product manufacturer is liable in a product liability action where:
- the product contains a manufacturing defect;
- the product is defective in design;
- there is a deviation from manufacturing specifications;
- the product does not conform to the express warranty; or
- the product lacks adequate instructions for correct use to prevent harm, or adequate warnings regarding improper or incorrect use.
Section 84(2) further provides that a manufacturer may be liable in a product liability action even if the manufacturer proves that there was no negligence or fraud in making the express warranty.
Section 85 - Liability of product service provider
A product service provider may be liable where:
- the service was faulty, imperfect, deficient, or inadequate in quality, nature, or manner of performance required by law, contract, or otherwise;
- an act, omission, negligence, or conscious withholding of information caused harm;
- adequate instructions or warnings to prevent harm were not issued; or
- the service did not conform to an express warranty or the terms and conditions of the contract.
Section 86 - Liability of product sellers
A product seller who is not the product manufacturer may nevertheless be liable if one of the statutory grounds applies, including substantial control over relevant aspects of the product, alteration or modification causing harm, an independent express warranty that was not met, specified circumstances in which the manufacturer cannot effectively be proceeded against, or failure to exercise reasonable care or pass on warnings where that failure was the proximate cause of harm.
Section 87 - Exceptions to product liability action
Section 87 limits product liability in specified circumstances. A product liability action cannot be brought against a product seller where, at the time of harm, the product was misused, altered, or modified.
For claims based on failure to provide adequate warnings or instructions, the manufacturer is protected in specified cases, including certain workplace purchases where warnings were given to the employer, component products where necessary warnings were given to the purchaser, products legally intended for expert use where reasonable warning measures were used, and where the complainant was under the influence of alcohol or an unprescribed prescription drug.
A manufacturer is also not liable for failure to instruct or warn about a danger that is obvious or commonly known to the user or consumer, or that the user or consumer ought to have known considering the product's characteristics.
How Sections 82 to 87 work together
Sections 82 and 83 establish the scope and right to bring a product liability action. Sections 84, 85 and 86 separately identify the circumstances in which a manufacturer, service provider or seller may be liable. Section 87 then provides statutory exceptions, particularly for misuse, alteration, modification and specified warning-related situations.