Section 87 – THE CONSUMER PROTECTION ACT, 2019

Exceptions to product liability action

—(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.

Practice area's of B K Goyal & Co LLP

Company Registration Services in major cities of India

Complete CA Services

RERA Services

Most read resources