The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Product Liability-In our day to day lives of buying Product and availing services from different businesses and brands, we might come across problems such as the purchase of a defective product or
availing of a service that was insufficient, The Consumer Protection Act of 2019 has granted us rights against
such defective products or insufficient services. The burden is now on the sellers!
Sections 82 to 87 of the Consumer Protection Act of 2019 provide all the provisions of Product Liability.
If a consumer has been harm, and that harm is cause by any defective product or
any insufficient service, it is the responsibility of the product manufacturer or product seller, of any services or
any products, to compensate the consumer for the harm caused.
So, let the sellers beware. The Consumer Protection Act of 2019 places strict liabilities for manufacturers of goods, service providers, and
product sellers if any harm is cause by their defective product or
insufficient services, they will have to take the responsibility of compensating the harm caused to the consumer.
A complaint can be brought up against a product manufacturer, product seller, or service provider by,
Let’s talk about the liabilities placed on product manufacturers, product sellers, and
service providers under the Consumer Protection Act of 2019
i) Liabilities of a Product Manufacturer as under Section 84: – Under the Act, a product manufacturer shall be held liable in either of these cases, if
Even if the product manufacturer proves that they were not negligent or fraudulent in making
the express warranty of a product, they can still be held liable.
ii) Liabilities of a Product Service Provider as under Section 85: – Under the Act, a product service provider shall be held liable in either of these cases, if
Under the Act, a product seller who is not a product manufacturer, shall be held liable in either of these cases, if
Proper responsibilities and liabilities have now been place on the product manufacturer, product seller, and product service provider. There are, however, a few exceptions.
The Consumer Protection Act of 2019 has provided exceptions in certain situations as under Section 87,
i) If at the time of harm, the product in question was misuse, alter, or modify, then a product liability action cannot be bought against the product seller
ii) The product manufacturer shall not be liable, in any product liability action based on failure to provide adequate warnings or instructions, if
iii) Product manufacturer shall not be liable for a failure to instruct or warn about a danger which is obvious or
commonly known to a purchaser of such product.
Since the introduction of Product Liability by the Consumer Protection Act of 2019, appropriate burdens and
responsibilities are now place upon the product manufacturer, product seller, and product service providers. The notion of buyer beware has now shifted to seller beware!
The Act makes sure that the product manufacturers, sellers, and service providers will take reasonable care to ensure that their products and
services are to be compliant with the different requirements under different legislations.
It’s a necessary step that has been take to protect the interests of the consumers and to avoid their exploitation
by product manufacturers, product sellers, and service providers. So now as consumers, we need to worry about defective products and insufficient services
as we have our interests protected by the Consumer Protection Act of 2019.
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