Product Liability Rights
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
The Consumer Protection Act, 2019 introduced a formal product liability framework — manufacturers, sellers, and service providers can be held liable without requiring proof of negligence.
- Product liability (ss. 82–87): A manufacturer or seller is liable for harm caused by:
- Manufacturing defect (product deviates from design specifications).
- Design defect (the product design itself is unsafe).
- Inadequate instructions or warnings (failure to warn of known risks).
- Strict liability: In some cases, liability is strict (no need to prove negligence) — particularly for products that are unreasonably dangerous for their ordinary use.
- No exemption for reasonable care: A manufacturer cannot escape liability by showing they followed industry standards if the product still caused harm.
- Defences: The manufacturer/seller can escape liability if the consumer misused the product contrary to instructions, or if the consumer modified the product without authorisation.
- BIS mark and Legal Metrology: Certain categories of goods (electrical appliances, helmets, LPG cylinders) must carry the BIS (ISI) mark — selling uncertified products is a criminal offence and makes the seller strictly liable.
When does it apply?
- You are injured by a defective product (exploding phone, faulty appliance, contaminated food, defective vehicle part).
- A product caused property damage due to a design or manufacturing defect.
- A product was sold without mandatory BIS certification.
What should you do?
- Preserve all evidence — keep the defective product, packaging, purchase receipt, medical records, and photographs of the injury or damage.
- File a product liability action before the Consumer Commission — this is faster and cheaper than a civil suit in a District Court.
- If the product lacks required BIS certification, report to the Bureau of Indian Standards (bis.gov.in) — BIS can initiate prosecution against the manufacturer/importer.
- For large-scale defects affecting many consumers, consider a class action complaint — multiple consumers can file a joint complaint before the NCDRC.
What should you NOT do?
- Do not repair the defective product before documenting the defect — repair destroys evidence of the manufacturing defect and may be used against you.
- Do not use a product in ways clearly prohibited by the instructions and then claim product liability — misuse is a valid defence for the manufacturer.
- Do not delay filing — the 2-year limitation period runs from the date of harm (not from the date of purchase).
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