Product Liability – Manufacturing Defect

Anshika Gupta

SAP ID -81022100597

ABSTRACT

Dangerous or Defective products are the cause of thousands of injuries across the
world. Product liability refers to a manufacturer or seller being held liable for
placing a defective product into the hands of a distribution chain. When a
product has an unexpected defect or danger, the product cannot be said to meet
the expectations of the consumer. There are three types of defects that might
cause an injury and give rise to manufacturer or supplier liability.
MANUFACTURING DEFECT is one of the three types.

A well designed product can still harm consumers. Defects in manufacturing occur
when a product is improperly manufactured and departs from its intended
design. Manufacturing defect occurs when something goes wrong with the
construction or production of an individual unit. A mistake made on the assembly
line causing an automobile to malfunction is a classic example of a manufacturing
defect.

Prior to 2019, India did not have a specific legal regime related to product liability.
It also did not have a statutory regime of ‘Lemon Laws’, as in some countries such
as the US. A product liability claim was lodged within the existing laws of contract
and tort. Claims were founded and derived from legislations such as the Sale of
goods act.1930; the consumer protection act, 1986; and the Indian contract
act,1872. These claims were based on case laws, both civil and criminal, leading
to much confusion and different approach.
Until recently, there was no comprehensive legislation to cover the aspect of
product liability. This has now been addressed to a large extent by THE
CONSUMER PROTECTION ACT, 2019.

Manufacturing defect can be difficult to prove. Sometimes even when the

manufacturer was not negligent in the design of the product, the strict liability
doctrine in product liability law could render manufacturer liable. The plaintiff has
to prove, either through physical or circumstantial evidence, a specific defect that
existed in the product.

Some manufacturers design their product in such a way that if the product fails, it
will be completely destroyed by the failure and no evidence will remain. For this
reason courts have developed ‘MALFUNCTION THEORY’ to establish a
manufacturing defect by circumstantial evidence.

It is essential to prove the following in manufacturing defect cases:

1. The injury did occur.

2. The product was manufactured with a defect or defects.
3. These defects were in whole or in great part responsible for the injury.
4. The manufacturer was aware of these defects and did not act responsibly.
 INTRODUCTION

PRODUCT LIABILITY:

 MEANING
 ESSENTIAL
 TYPES OF PRODUCT LIABILITY

MANUFACTURING DEFECT:

 MEANING
 HISTORY
 ESSENTIAL
 EXCEPTIONS
 LEGAL REMEDY

LANDMARK CASES

 MacPherson Vs Buick Motor Co. [1916].

 Henningson Vs Bloomfield Motors [1962]

RESEARCH QUESTIONS

CONCLUSION
 ANALYSIS.