Product Liability, an essential component of consumer protection, experienced a significant change with the introduction of the Consumer Protection Act, 2019 (“2019 Act”) in India. For the first time in Indian law, product liability was clearly defined under this extensive legislation. The 2019 Act specifies that product liability involves the duty of product manufacturers, sellers, or service providers to compensate consumers for any damages caused by faulty products or inadequate services linked to those products. This new Act replaced the previous Consumer Protection Act of 1986, received the President’s approval, and was officially announced in the Gazette of India on August 09, 2019. Although it was passed in 2019, most of its sections, including those about product liability, came into effect on July 20, 2020. This legislative change aimed to enhance consumer protection, implement stricter rules, and introduce new measures to handle changing market trends. Notably, the inclusion of product liability in the 2019 Act signaled a move away from the old “buyer beware” approach, moving towards a system where sellers are made accountable—aptly described as “seller beware.” This change highlights a shift in the mindset of consumer protection, focusing on proactive steps to guarantee product safety and responsibility throughout the supply chain. Product liability: Product Liability signifies the legal responsibility borne by a creator, vendor, or service provider for distributing a defective item. Customarily, the producer must comply with all stipulations, warranties, and conditions, fulfilling the standard anticipations of buyers. Product liability can be understood through the lenses of tort law and contract law. Within tort law, product liability might arise when a creator, vendor, or service provider fails in their duty of care towards consumers. Alternatively, strict liability could be enforced as producers are held responsible for ensuring the items they offer to consumers are in satisfactory condition. In the realm of contract law, product liability can emerge from a breach of contract or warranty by the creator, vendor, or service provider. The incorporation of product liability in the Consumer Protection Act 2019 marks a positive progression in the enhancement of consumer rights, necessitating an exploration of its diverse facets in the Indian scenario. Evolution of product liability in India: The Evolution of Product Accountability in India In the times preceding the enactment of the Consumer Protection Act of 2019, the Consumer Protection Act of 1986 was the primary legislation safeguarding consumer interests, albeit without an explicit mention of product accountability. Despite this, individuals could pursue remedies under the Act’s clauses concerning ‘defects’ and ‘shortcomings.’ The advent of the CPA 2019, which specifically addressed product liability, signified a significant transformation in the legal domain, providing enhanced clarity and broadening the scope for consumers to seek recompense for injuries inflicted by faulty merchandise. The structure governing product responsibility in India has progressed in tandem with various other statutes, such as the Food Safety and Standards Act of 2006, the Legal Metrology Act of 2009, and industry-specific guidelines instituted by regulatory authorities like the Bureau of Indian Standards (BIS) and the Automotive Research Association of India (ARAI). These legislative measures augment the CPA 2019 by guaranteeing the upkeep of product safety criteria across diverse sectors. Product Responsibility as per the CPA 2019: The CPA 2019 distinctly outlines product responsibility, offering a detailed legal structure for consumers to claim recompense for harm or damages stemming from faulty goods. Chapter VI of the legislation is devoted to product responsibility cases, detailing the obligations of producers, vendors, and service providers. It enumerates specific bases on which responsibility can be determined, such as production errors, design imperfections, insufficient instructions or alerts, and violations of explicit guarantees. The legislation also introduces the notion of ‘harm,’ encompassing physical injury, damage to assets (excluding the defective item itself), and psychological pain or emotional suffering. Notably, the Act dismisses claims related to financial or business losses. Key Elements of Product Liability Case To commence a product liability case, certain components must be clearly demonstrated: • Injury: The individual must have experienced injury or damage due to a flawed product. • Flawed Product: The injury must be a direct consequence of a flaw within the product itself. • Accountability: The imperfection must be linked to the maker, distributor, or service provider. The CPA 2019 specifies the distinct accountabilities for each entity participating in the distribution network: • Manufacturer Accountability: A producer is accountable for any injury resulting from design flaws, production errors, or the failure to honor warranties or provide sufficient guidance. • Service Provider Accountability: A service provider can be deemed responsible if their carelessness or non- compliance with legal norms causes injury. • Seller Accountability. Vendors might also bear responsibility if they exert significant control over the product or neglect to offer proper instructions or alerts. Protections and Exemptions: The Consumer Protection Act of 2019 outlines multiple defenses against claims of product liability. For example, a producer of goods isn’t responsible for injuries stemming from the improper use or modification of the item by the user. Likewise, if the producer has supplied sufficient cautions or guidelines, they might not be deemed responsible for any ensuing damage. The legislation also considers exceptions for producers when the product is utilized under particular circumstances, such as in factory environments or by experts under skilled oversight. Sanctions and Implementation: The Consumer Protection Act of 2019 enforces severe repercussions upon producers, vendors, and service entities deemed accountable for faulty goods. Consumer tribunals, alongside the Central Consumer Protection Authority (CCPA), possess the jurisdiction to mandate the withdrawal of perilous products, remunerate purchasers, and levy punitive reparations for carelessness. When it comes to deceptive marketing, the legislation stipulates incarceration and substantial monetary penalties for those at fault. The CCPA holds a pivotal position in the application of the Act’s stipulations, ensuring the preservation of consumer entitlements and the compliance of manufacturers with safety protocols. This body is endowed with the capability to scrutinize infringements, command product retrievals, and undertake requisite measures to safeguard consumer welfare. Possible Defences To A Product Liability Case: When