- 14-May-2025
- Personal Injury Law
When a foreign product causes injury or harm to a consumer in India, the question arises as to who is legally responsible for the damages. Under Indian law, product liability applies to both domestic and foreign products, ensuring that consumers are protected from defective or unsafe goods.
In the case of a foreign product causing injury, several parties can be held liable, including the manufacturer, the importer, and the seller. Indian consumer protection laws provide mechanisms to hold these parties accountable for the harm caused by defective or unsafe products, regardless of where the product was manufactured.
The foreign manufacturer can be held liable for a defective product if it causes injury or harm to a consumer in India. This is true even if the manufacturer is located outside India.
Product liability law under the Consumer Protection Act, 2019 and the Sale of Goods Act, 1930 holds the manufacturer accountable for ensuring the product's safety and quality, irrespective of the geographical location of the manufacturer.
The consumer can file a claim against the foreign manufacturer in India, and the Indian courts have jurisdiction over such cases, especially if the product is sold or distributed in India.
In India, the importer of a foreign product is treated as the seller under the Consumer Protection Act, 2019. As the importer brings the product into the Indian market, they assume responsibility for the product’s safety and quality.
If the product causes injury, the importer can be held liable for damages, as they are responsible for ensuring that the product complies with Indian safety standards and regulations.
The importer is legally obligated to ensure that the product meets the expectations of quality and safety as implied by Indian consumer protection laws.
The seller or distributor who sells the foreign product in India can also be held liable if the product is defective. Under the Consumer Protection Act, 2019, the seller is accountable for selling products that are safe and conform to the required standards.
If a product causes injury, the seller is responsible for compensating the consumer for the harm caused. This liability is shared with the manufacturer and the importer.
Under the Indian Contract Act, 1872, if a product sold under a contract causes harm or injury, the contractual parties (the seller, importer, and manufacturer) can be held liable for breach of warranty or contract.
The Consumer Protection Act, 2019 provides comprehensive protection to consumers in India, covering all types of goods sold, including foreign imports.
Section 2(34) of the Act defines a defective product and makes it clear that the consumer has the right to seek compensation if the product causes harm.
Section 17 of the Act holds the importer and seller liable for any injury caused by defective products. If the manufacturer is based outside India, the consumer can still file a complaint in India.
Product liability includes both manufacturing defects and design defects. If a foreign product has a defect that causes injury, the consumer can seek redress under this law.
The Sale of Goods Act, 1930 applies to the sale of goods, including foreign products, and sets forth warranties regarding the quality and fitness of the product for its intended purpose.
Under the Act, the importer and seller are responsible for ensuring that the goods are of merchantable quality and are fit for the purpose for which they are sold. A defect in the goods, leading to injury, can result in a breach of warranty, and the injured consumer can seek compensation.
The Indian Contract Act governs contracts for the sale of goods, including imported goods. If a foreign product sold under a contract causes injury, the injured party can seek redress based on a breach of contract or breach of warranty under this Act.
If a foreign product is defective due to a manufacturing error, the manufacturer can be held liable for the injury caused. The importer and seller can also be held responsible for distributing or selling a defective product.
If the defect is due to the design of the product, both the manufacturer and the importer can be held accountable. The product’s design may not be suited for safe use in India, or it may not comply with Indian safety standards.
If the product does not come with adequate warnings, instructions, or safety information, the importer and manufacturer may be liable for failure to warn the consumer about potential dangers associated with the product.
A consumer buys a foreign-made car from an authorized dealer in India. The car has a defective airbag system that fails to deploy during an accident, leading to injury.
The foreign manufacturer of the car is responsible for the design or manufacturing defect that caused the airbag failure.
The importer who brought the car into India is also liable, as they are considered the seller under Indian law.
The retailer who sold the car can be held liable as well if they failed to ensure that the product met safety standards.
The consumer can file a complaint under the Consumer Protection Act, 2019, and seek compensation from the manufacturer, importer, and seller.
In the case of an injury caused by a foreign product in India, several parties can be held liable, including the foreign manufacturer, the importer, and the seller. Indian consumer protection laws, particularly the Consumer Protection Act, 2019, ensure that consumers are protected from unsafe or defective products, regardless of where they are made. The importer plays a key role in ensuring the product’s safety and compliance with Indian standards, and if an injury occurs, they, along with the manufacturer, may be held accountable under Indian law.
Answer By Law4u Team
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