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PRODUCT AND CONSUMER LIABILITY

Courtesy/By: Amulya Bhat | 2019-06-03 18:46     Views : 271

Product liability is an area of law where the suppliers, manufacturers, distributors, or anyone who make or produce the product, and make it available to the public are responsible for any defect in the product or are responsible for any injury caused due to the product. The word product can have a lot of interpretations, but in the case of this area of law, the products for which the distributers etc are liable are limited to form of personal tangible property.


In case of failure of machines, human control is implied, and the product liability is determined by the cause of the accident. If there is a fault on part of the manufacturer, then strict liability is imposed upon him. The extent of strict liability depends upon the kind of machine i.e. intelligent or other machines. However, many researches show that this law or tort does not address all aspects or concerns and hence there can be improvement in the attempts of legislation which seeks to address the wrong of the machine and liability of accident imposed on them.


Consumer liability is an area of law or tort where the responsibility is placed upon the consumers, where they must prevent negligence in all activities related to consumption. There can be some exceptions, as in one of the most notable cases related to consumer liability, the McDonald’s coffee case 1 . In this case, 79-year-old women had a burn due to the cup of coffee she ordered at the restaurant. The jury in this case decided that there was no negligence on part of the consumer and that the restaurant was responsible for the injury and the ultimate decision was out of court settlement for the injured party.


Hence, consumer liability is determined by the extend of the negligence of the consumer and the company. The success of each case depends from facts of each case. For cases where the product is recalled, the frequency of the consumer liability differs.

Courtesy/By: Amulya Bhat | 2019-06-03 18:46