Chapter VI - Product Liability
Section 83
Section 83: product-liability action
Section 83 allows a complainant to bring a product-liability action against the relevant manufacturer, product service provider or seller for harm from a defective product.
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Need advice on Section 83?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.
Introduction
The provision identifies the possible respondents. It does not make each participant automatically liable: sections 84–86 supply the respective tests, and section 87 sets specific exceptions.
Key takeaways
Complainant's action
A complainant may bring the action for harm caused to them on account of a defective product.
Respondent depends on role
The action can concern a product manufacturer, product service provider or product seller, as the case may be.
Evidence still matters
The alleged defect, harm and applicable role-specific condition must be examined before concluding liability.
Identify the alleged defect and harm
Write down what defect is alleged, what harm occurred and how the claimant says the product caused it. Preserve the actual item and contemporaneous records where possible.
Identify the respondent's role
The maker, repair or service business and seller can have different functions. Match each proposed respondent to the Act's product-liability definitions and sections 84–86.
Check conditions and exceptions
Assess the relevant liability provision and section 87 rather than assuming that joining a party to an action proves the claim.
Hypothetical example
A consumer alleges that a defective pressure cooker caused burns. The claimant identifies the product, harm and relevant product-liability defendant; each business participant preserves design, supply and service records for the action.
Official sources
Practical checklist
Do
- Keep design, service and sales records linked to the product or batch.
- Preserve complaint communications and the product's condition.
- Review the manufacturer, service provider and seller tests separately.
Avoid
- Do not assume that all businesses in the supply chain have identical duties.
- Do not discard the allegedly defective item after a complaint.
Frequently asked questions
Who can be named in a product-liability action?
Section 83 identifies a product manufacturer, product service provider or product seller, as applicable.
Is naming a seller enough to prove the claim?
No. Section 86's seller conditions and any section 87 exception must be assessed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026