DEFECTIVE PRODUCTS AND PERSONAL INJURY CLAIMS

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This article is written by Srilekha Raman, Tamil Nadu National Law University, an intern under Legal Vidhiya.

Table of Contents

ABSTRACT

This article explores the legal concept of product liability arising out of defective products and personal injury claims. In today’s consumer-oriented market, multiple products are sold. However, some of these may possess defects – manufacturing, design or even marketing. Users and consumers may suffer serious consequences as a result of these flaws. Therefore, the Consumer Protection Act, 2019 protects consumers from such defects by outlining liability for the individuals involved in the supply chain.

The article outlines the different types of defects, discusses the legal responsibilities of each party, and examines the remedies available to injured consumers. It emphasizes the need for businesses to ensure quality control and compliance with safety regulations, while also encouraging consumers to be aware of their legal rights. By understanding the basis for personal injury claims linked to product defects, both consumers and companies can take informed steps to prevent harm and seek accountability when needed.

KEYWORDS

Defective products, personal injury, Consumer Protection Act, defences available, product liability, legal remedies, product safety.

INTRODUCTION

Right from when we wake up, we use multiple products. Sometimes, these products might have defects. For example, the paste that we use to brush our teeth could’ve been expired. These defects can cause potential harm to us consumers. Considering this, the Consumer Protection Act, 2019 has identified product liability for different individuals arising from defective products.

Product liability is the legal framework that holds manufacturers, sellers, and service providers accountable for injuries or losses caused by such defective products. These defects may occur during the design, manufacturing, or marketing stage and can affect anyone, regardless of how careful or informed the consumer may be.

Understanding how defective products give rise to personal injury claims is essential not only for legal professionals and businesses but also for consumers. It empowers individuals to seek redress when harmed and encourages companies to uphold safety standards, thus ensuring accountability. This article explores the concept of product defects, outlines the legal responsibilities involved, and discusses how the law provides remedies when consumer safety is compromised. It also discusses the various defences outlined in the Act, which are available to businesses who have product liability claims filed against them.

WHAT ARE DEFECTIVE PRODUCTS

The Sale of the Goods Act, 1930 defines a ‘good’ as any movable property, including stock, crops, grass and other things attached to the immovable property which can be separated before sale. A “deficiency” is defined as any fault imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law under section 2(1)(f) of the Consumer Protection Act, 1986. Therefore, a defective good is any moveable property which is inadequate or faulty in terms of its quality or nature.

Regardless of the consumer’s own carelessness, a product’s maker, retailer, or seller may be held accountable for permitting a defective product to reach the customer. This is known as product liability. Product liability laws establish who bears responsibility for harmful or flawed goods. [1]

There are various types of defects in products. Some of them are:

Manufacturing defects:

Defects that occur when the product is made/ manufactured are called as manufacturing defects. These defects could arise from an unintentional mistake that could potentially make the product more dangerous and hazardous for use. The important characteristic of manufacturing defects is that they are unintentional and arise when the product is being made. For example, contaminated foods and missing screws in an appliance are common manufacturing defects. [2]

Such defects could also arise from failing to follow the design instructions, using below quality materials, poor workmanship and are substantially easier to fix, when compared to the other defects. These can be easily remedied by changing parts or changing the process of assembling the product.

Design defects

Design defects arise not while manufacturing the product, but rather when the producer or creator designs the product. As a result, flaws in the design exist even before the product is produced. When a known risk existed throughout manufacturing and the corporation decided to proceed with producing the dangerous product, it may be held accountable for a design flaw.

For example, a plastic bottle that melts when hot water is poured into is or airbags that fail to deploy during a collision, [3] constitutes a design defect. This defect arises due to poor planning even before manufacturing it. Design defects can only be resolved by changing the original design or by creating a new one.

Marketing defects

Marketing defects arises when the manufacturer makes false claims about a product or fails to provide adequate warnings about the product or how it is to be used. Therefore, these defects arise from inadequate guidance or cautions regarding its use. These are defects in the way the product is sold to the consumer and includes practices such as incorrect labelling and insufficient safety warnings.

Practices that are judicially declared as defects

Apart from these defects, the Indian judicial system has identified certain practices to constitute as defects. In TTK Prestige Limited vs Akhil, [4]the court held that absence of safety mechanisms in a pressure cooker makes it defective, irrespective of usage of consumer. The Court held that the lack of such safety mechanisms is what led to the bursting of the cooker, thereby making the product defective.

In Vyankatkrishnan Iyengar v. Shakti Foods, [5] the court determined that the product was defective when a laboratory test revealed that the manufacturer’s soft drink was unfit for human consumption. In Barsad Ali v. West Bengal Essential Commodities, [6] the Court held that rapeseed oil which was adulterated with toxic substances was defective as it had led to the paralysis of limbs and various other disabilities to many individuals.

In Farooq Hazi Ismail Saya v. Gavabhai Bhesania, [7] the Court held that electrical household appliances which don’t follow the ISI standards are defective as they are unsafe for usage. Gas cylinders with excess gas are also defective as held in Dayanand Avasare v. Bharat Petroleum Corporation Ltd. [8] In Shanmugasundaram v. Tamil Nadu Housing Board, [9] The Court determined that when a House Board took ownership of an apartment, cracks appeared in the walls and floor.

In Chitranjan Sahu v. N C Jain, [10]the Court held that not informing that the marble will not retain its colour when polished, amounts to defect in the product. Failure to hand over the registration book along with the vehicle purchased is also considered a defect, as held in the case Ramesh Chandra v. Commercial Tax Officer. [11]

LEGAL BASIS FOR PERSONAL INJURY CLAIMS

Product liability law governs the liability of different individuals involved in producing and selling of the product for such injuries or damages caused by defects in the products. The Consumer Protection Act, 2019 govern product liability in India. [12]

According to Section 2(34) of the Act, product liability is the obligation of a product maker, product seller, or product service provider to make up for any damages a customer may sustain as a result of a defective product that is created or sold, or from a lack of services related to the product.

In order to initiate a product liability action, a consumer must prove that a defective product caused harm. Harm here includes damage to any property but the product itself, personal injury, illness or death and mental agony or emotional distress, etc. [13]

Liability of a product manufacturer:

The circumstances under which a product manufacturer may be held accountable in a claim for damages under a product liability case for injuries brought on by a defective product that the manufacturer made are listed in Section 84 of the Act. These include when the product contains a manufacturing issue or a design issue, it does not meet the design instructions or express warranty and finally if the product does not contain instructions for use and safety warnings. [14]

Liability of a product service provider:

According to Section 85 of the Act, a product service provider may be held accountable in a product liability case for damages brought on by a defective product that the provider has serviced. These include if the service provided was defective, if there was negligent or conscious withholding of instructions or information which could potentially harm the user and if it the product does not come with instructions or warnings and finally if it does not meet express warranty.

Liability of a product seller:

According to Section 86 of the Act, a product seller who is not a product producer may be held accountable in a product liability case for damages brought on by a defective product that the seller sold. These include situations where the seller had control over the manufacturing, designing or any other process related to making/ creating the product. The seller will also be liable if they made any changes or modifications to the product and injury arises out of these changes or if the seller made any express warranty and failed to comply with it and finally if the seller fails to provide sufficient warnings while selling the product.

iv) Penalties that are imposed

If the product is proved to be defective, then the consumer forum may order the defect to be removed, replace the product, refund the amount paid for the product, pay compensation for the injury caused. If the product seems to be dangerous or hazardous, the forum may even direct the removal of the product from the market.

DEFENCES AVAILABLE AGAINST DEFECTIVE PRODUCT CLAIMS

As mentioned above, in order to prove defect in the product, there must be a consequent harm caused by the defect. Therefore, the absence of harm itself serves as a defence against such claims.

Moreover, Section 87 of the Act outlines certain defences which include – product misuse or not following the instructions at the time of usage by the consumer, if the product was to be used along with another product and was only sold as a component/ part along with adequate instructions and safety warnings or if the product was to be used under the supervision or guidance of an expert or if the user was intoxicated while using the product and the injury resulted out of this state of mind. A product producer cannot be held accountable for failing to warn or advise a user or consumer about a danger that is evident or well known to them.

AVAILABLE LEGAL REMEDY

The aggrieved consumer may approach the District, State or National Consumer Dispute Resolution Committee for relief against their injury. The district forum may be approached for claims up to Rs. 1 Crore. The State form can be used for grievances worth between Rs. 1 and Rs. 10 crores. The National level forum must be approached only if the dispute is above 10 crores.

Additionally, complaints must be filed within 2 years from the date of the cause of action. However, this limitation may be extended if the consumer provides a valid reason for the delay. Complaints filed after the bar of limitations are not taken up by the Committee.

CONCLUSION

In conclusion, product liability arises when manufacturers, sellers, or service providers are held legally responsible for harm caused by defective products. These defects may arise at any stage – during the design, manufacturing, or even the marketing of the product. A defective product not only causes economic loss but also has the potential to seriously injure or endanger the life of a consumer. The Consumer Protection Act, 2019 recognizes this risk and imposes strict duties on all parties involved in the production and distribution chain to ensure safety, proper labelling, and quality control.

Consumers today are more informed and increasingly aware of their rights. However, understanding the legal framework governing personal injury claims due to defective products remains crucial for both consumers and businesses. For consumers, it ensures timely legal recourse and compensation. For businesses, it underlines the importance of adhering to quality standards, maintaining transparency, and implementing safety protocols to minimize liability risks.

As markets expand and product diversity increases, maintaining accountability becomes essential to uphold consumer trust and public safety. Thus, navigating the principles of product liability is not just a legal necessity but also a moral imperative for any responsible business or service provider operating in today’s consumer-centric economy

[1] LEGAL MATCH, Accessed on July 12, 2025, https://www.legalmatch.com/law-library/article/defective-products.html.

[2] Ibid.

[3] INJURY CLAIM COACH, Accessed on July 12, 2025, https://www.injuryclaimcoach.com/defective-product.html.

[4] JT 1999 (10) SC 346.

[5] [1994] 2 CPJ 652 (Mah.).

[6] (1993) ICPR 217 WB.

[7] (1991) 2 CPJ 452 (Guj.).

[8] (1993) 1 CPR 278 (Mah.).

[9] (1998) 1 CPJ 96 NC.

[10] (1993) CPJ 1127 (Ori.).

[11] (1993) 3 CPR 182 (Ori.).

[12] Surabhi Khattar et al, Product Liability under the Consumer Protection Act, 2019: An Overview, accessed on July 12, 2025, https://corporate.cyrilamarchandblogs.com/2022/01/product-liability-under-the-consumer-protection-act-2019-an-overview/#:~:text=defined%20for%20the%20first%20time%20under%20the%20Consumer%20Protection%20Act%2C%202019

[13] Ibid.

[14] Ibid.

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