Consumer Protection Act Section 84 — Liability of product manufacturer
CHAPTER VI PRODUCT LIABILITY
Civil
Summary
Sub-section (1) states that a product manufacturer is liable in a product liability action if any one of the following conditions is met: the product has a manufacturing defect, the product is defective in its design, there is a deviation from the manufacturing specifications, the product does not match the express warranty given for it, or the product lacks adequate instructions for correct usage to prevent harm or lacks a warning about improper or incorrect usage.
Under clause (a) of sub-section (1), liability arises if the product contains a manufacturing defect.
Under clause (b) of sub-section (1), liability arises if the product is defective in design.
Under clause (c) of sub-section (1), liability arises if there is a deviation from the manufacturing specifications.
Under clause (d) of sub-section (1), liability arises if the product does not conform to the express warranty.
Under clause (e) of sub-section (1), liability arises if the product fails to contain adequate instructions for correct usage to prevent any harm, or fails to contain any warning regarding improper or incorrect usage.
Sub-section (2) states that a product manufacturer is liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.
Official Text
(1) A product manufacturer shall be liable in a product liability action, if—
(a) the product contains a manufacturing defect; or
(b) the product is defective in design; or
(c) there is a deviation from manufacturing specifications; or
(d) the product does not conform to the express warranty; or
(e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.
(2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.