Product Liability Action under Law of Tort Tejasv Mohan Legal Article Tue, Apr 25, 2023, at ,11:02 PM Introduction:‘Product Liability’ has been defined for the first time under the Consumer Protection Act, 2019. As per the 2019 Act, product liability means the responsibility of a product manufacturer or products seller, or product service provider, to compensate for any harm caused to a consumer by a defective product manufactured or sold or by deficiency in services in relation to the product.The consumer protection act stands to protect and compensate any harm caused to any consumer by the usage of any goods making the seller or the manufacturer liable.‘Harm’, in relation to a product liability inter alias includes- damage to any property other than the product itself personal injury, illness or death mental agony or emotional distress, etc Liability of a product manufacturer:The consumer protection act, section 2, contains a wide definitions of ‘product manufacturer’, to include every party connected with the sale process wirhin the scope of the definition under the act, a product manufacturer is- one who makes any product or its parts assembles the parts puts his own mark on goods made by him or any other designs or fabricates the product before its sale sells the product. Liability:Section 84 of the Act enumerates the situation where a product manufacturer shall be liable in a claim for compensation under a product liability action for a harm caused by a defective product manufactured. The situation are as follows: The products contains a manufacturing defect The product defective in design The product does not conform to the manufacturing specifications. Liability of a product service provider:Section 85 of the Act enumerates the instances under which a product service provider shall be liable in a product liability action for a harm caused by a defective product serviced by the product service provider. The instances are as under: if the service provider by it was faulty, imperfect, deficient or inadequate in quality, nature or manner of performance. The same must be judged based on the requirement by or under any law for the time being in force, or pursuant to any contract A product service provider shall also be liable if there was an act of omission or commission or negligence or conscious withholding of any information, which caused the harm. Liability will also be fastened on the product service provider if it does not issue adequate instructions or warning to prevent any harm. Similarly, a product service provider shall be liable in a product liability action if the service did not conform to express warranty or the terms and conditions of the contract. Liability of a product seller:A product seller under this act is defined to mean any person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such products for commercial purpose and includes: a manufacturer who is also a product seller a service provider. The section specially excludes certain people from the definition of a product seller who are as: A seller of an immovable property shall not be a product seller unless such a person is engaged in the sale of constructed house or in the construction of homes of flats. Similarly, a provider of professional service, where the skill or service is the essence of the transaction and the sale or use of the product is only incidental to it , shall not be included in the definition of a product seller. Conclusion:With the continued establishment of product liability regime under various statutes, it becomes all the more necessary for product manufacturer, service providers, etc., to be extra cautious about the regulatory compliances under sector-specific rules and regulations under the general statutes such as the Consumer Production Act, 2019, and provide for adequate disclosures and warning and swiflty take preventive and precautionary steps as and when needed. There is also a need for product manufacturers, traders, service providers to revisit the contract in order to ensure that they are not covered under the definition of ‘unfair contracts’.