Defective Products
Introduction: Hidden Dangers in Defective Products
Problem
Imagine buying a home appliance, like an oven or a refrigerator. You can even imagine buying a toy for your little child, just to see it break easily and cause the child serious injury. Unfortunately, most of you are unaware of how many such defective products are floating around. From electrical appliances that burn down homes with fire to pharmaceuticals causing rare side effects, the risk is very present.
Consumer victims of defective products in India are protected by personal injury law.
But most victims never know that they might recover not only their medical costs, loss of wages, but also emotional injury suffered from the accident.
This Article will cover handling of defective products under personal injury law in India, practical advice, case studies, and an overview of available legal options for consumers..
It explains the scope of defective product injuries in India.
Over the past few decades, India has witnessed a rapidly growing consumer market. Consequently, more and more people have been getting injured or killed due to defective products. These range from faulty electronics to unsafe food items and even medically hazardous devices.
NCDRC has reported an increase of over 30% in complaints relating to defective products between 2018 and 2022. The common claims include the following:
- Â Defective electrical appliances that eventually cause fires
• Pharmaceutical drugs with unknown side effects
• Automobile parts that fail, that causes accidents
• Dermatological products that provoke allergic reactions
• Readily breakable children’s toys with fragments likely to easily cause choking.
For example, one well-known case relates to 2021: following a man sustaining very bad burn injuries from his new smartphone catching fire and exploding in his pocket in Delhi, the company had first proposed to exchange the phone but the victim preferred and instituted a personal injury action claiming redress under India’s law on product liability, hence calling for accountability of the corporate.
This case is but one in a long list of similar cases of defects consumers are forced to endure in allegedly questionable products. However, India’s legal system does offer an avenue of access to compensation..
Agitation: Why Defective Product Claims Are So Complex
Agitation: Despite the existent laws to protect a consumer in India, making a claim for injuries in result of defective products is often more complicated than it appears. While many consumers do not know much about their rights, even in cases where one does, there are numerous issues:
1. Lack of awareness: Most of the victims do not know that they have a cause of action in court for injuries that result from a defective product. This further means companies get away with producing dangerous products.
2. Proof of Causation: In a defective products case, the burden of proof lies on the victim. That means you have to prove that a product was defective and this defect directly caused the injury. Sometimes, it could demand getting expert opinions, collecting physical evidence, and even fighting giant corporations in court.
3.Pushback from Manufacturer: Big manufacturers and international companies hire teams of lawyers prepared to fight personal injury cases. Sometimes, it scares the victim into accepting the settlement offer or dropout due to fear of a long protracted legal battle.
4. Legal Complexity: As compared to a normal accident claim, the defective product cases involve a massive comprehensive knowledge of the law related to personal injury as well as the product liability laws prevailing in India. This is why the victims must consult lawyers who have some experience and familiarity with this field.
Real-Life Case Study:
Defective Car Brakes in Mumbai
In 2020, a case is particularly recorded where one of the newly bought cars by a family in Mumbai suddenly started failing to stop while driving because its brakes were not working properly. A major accident took place, though fortunately no one lost his life, but severe injuries were on the bodies of passengers, and they were sent to the hospital for immediate treatment. The main reason was found that the car had defective brakes – a flaw in the manufacturing process.
The family chose to file a case based on personal injury law and requested damages based on their medical expenses and lost income, as well as emotional distress. The vehicle manufacturer first denied liability and blamed the defect on poor maintenance of the automobiles. This decision was overturned in court with the help of expert testimony, as well as evidence compiled from other consumers who suffered brake failures.
In this case, the amount of Rs. 25 lakhs damages was given to the family, and this was to be a guideline for further defective product claims in India. This is one of the best examples of the potency of personal injury law in making accountable the producers in case the public at large gets involved with their product and exposes them to risk.
Solution: How Personal Injury Law Protects Consumers
India’s personal injury law together with product liability regulations offer a consumer numerous protections when the consumer is injured by a defective product. Here is a user’s guide to what you need to know:
1. Understanding Product Liability
India has special acts for defective goods. Amongst them, one is the Consumer Protection Act, 2019. It holds liable the manufacturer, seller, as well as the distributor if due to some such defect in its manufacture or design, any industrial product causes an injury to a person in one of the following ways:
• Due to flaw in manufacture
• Due to design defects
• Due to a fault in safety warning and instructions
• Due to misrepresentation regarding usage
For example, it is a publicised case of 2019 where one pharmaceutical firm was taken to court after one of the drugs that had been mostly prescribed by the company resulted in the serious deterioration of the livers of several patients. The firm had not disclosed some risks attached to the drug, and the victims are able to claim personal injury compensation for their medical bills.
2. Filing Personal Injury Claim
If the injury happened as a result of a faulty product, you’d likely file a personal injury claim.
This is where you begin:
• Collect Evidence: Begin with gathering as much proof as you can. This encompasses the faulty product, receipts and warranties, pictures of your injuries, and any medical reports. For instance, if there was an incident involving car brakes in Mumbai, then a family used robust tangible evidence of the brake failure to make their case sound stronger.
•  Seek Medical Treatment: To begin with, this pertains to your health. So seek immediate medical treatment, and retain copies of all the medical reports and bills because those things are crucial in personal injury claims.
 •Consult a Lawyer: Because personal injury law pertaining to defects in products is very complex, it is wise to seek advice from an attorney who specializes in litigating product liability cases. This will ensure you are guided throughout the process of filing the lawsuit and negotiating with manufacturers or insurance companies on your own.
3. Compensation Available
A victim of defective product injury in India can claim some or all of the following compensation through personal injury law, which include:
•Expenses related to doctors : It covers all the costs including hospitalization, surgeries, medicines, and physiotherapy amongst others.
•Loss wages: If, for example, your injury completely and permanently renders you incapable of working in any manner you would be compensated in terms of loss wages, which in addition would also cover future loss of income in case of permanent disability.
• Pain and Suffering: In addition to these, courts in India may also consider awarding damages on account of mental or psychological torture resulting from such an injury. For example, the citizen of Mumbai, who were victims of the faulty brake case, received substantial damages from the court on account of emotional distress caused by the accident.
• Punitive Damages: Punitive damages are often given as a punitive measure by the courts to punish the manufacturer for negligence. Courts order this when the company is proved to have knowledge about the defects, but failed to address it, causing dangers for consumers.
Why Every Consumer Should Know Their Rights
India is changing its legal study by focusing on consumer rights. This Consumer Protection Act 2019 provides the legal basis for consumers to claim compensation for faulty products, but it is at a low level of awareness. A consumer must be aware of his or her rights when he or she purchases the product. In case of injuries from a defective product, an injured consumer can exercise the right to claim compensation and get redressed under the law.
For example:Â
In 2022, one lady, in Kerala filed a case against a cosmetic company for wrongful selling of one of its products that caused severe burns to her skin. Despite it being marketed as a safe product for sensitive skins, she alleged undisclosed ingredients in this reaction. She won that case as the court ordered Rs. 10 lakhs for her with a new precedent in consumer rights.
Actions to Take
If You Suffer an Injury from a Defective Product
Should you suffer an injury from a defective product, follow these steps to ensure your safety:
1. Avoid Using the Product: You should immediately stop using the defective product that you believe caused your injury and store it in a safe place as long as evidence in your case.
2. Document all aspects: Photograph the injury, product, and any other damage caused by it. Retain receipts, medical records, and other forms of communication between you and the manufacturer and retailer.
3. Seek Medical Attention: Never think that the injury is minor as even minor injuries need medical treatment for which these records will be substantial in a claim.
4. File a Complaint: You can file a complaint under the Consumer Protection Act, 2019 before the Consumer Court or file a personal injury claim in Civil Court depending upon the case.
5. Seek a Lawyer: Given the specificity of defective products personal injury law India, it would be advisable to seek a lawyer who specializes in product liability law.
Know Your Rights and Protect Yourself
Already living in a world of consumer products, it is impossible to avoid the possibility of coming across a defective product. Now, if you are injured, don’t forget that you can rely on personal injury law in India. Medical expenses, lost wages, and suffering would have their ‘compensation’ from manufacturers of faulty products. You’d simply have to know what your rights were, amass enough evidence, and find a good lawyer.