CPA 87 — Exceptions to product liability action

Consumer Protection Act, 2019

Statutory text

(1) A product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified.
(2) In any product liability action based  on the  failure  to provide adequate  warnings  or instructions, the product manufacturer shall not be liable, if—
(a)  the  product  was  purchased  by  an  employer  for  use  at  the  workplace  and  the  product manufacturer had provided warnings or instructions to such employer;
(b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or  material,  but  the  harm  was  caused  to  the  complainant  by  use  of  the  end  product  in  which  such component or material was used;
(c)  the  product  was  one  which  was  legally  meant  to  be  used  or  dispensed  only  by  or  under  the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means  to  give  the  warnings  or  instructions  for  usage  of  such  product  to  such  expert  or  class  of experts; or (d)  the  complainant,  while  using  such  product,  was  under  the  influence  of  alcohol  or  any prescription drug which had not been prescribed by a medical practitioner.
(3) A product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product.

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