Chapter VI - Product Liability
Section 87
Section 87: exceptions to product-liability action
Section 87 sets specific exceptions for seller claims and for certain manufacturer warning or instruction claims.
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Need advice on Section 87?
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
(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.
(3) A product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product.
Introduction
Subsection (1) addresses a seller where a product was misused, altered or modified at the time of harm. Subsections (2) and (3) address a manufacturer's failure-to-warn or instruct claims in defined situations.
The exceptions do not erase every possible claim against every participant. Match the exact subsection, the type of claim and the evidence.
Key takeaways
Seller exception is distinct
A product-liability action cannot be brought against a product seller if the product was misused, altered or modified at the time of harm under subsection (1).
Manufacturer warning cases are specific
Subsection (2) concerns warning or instruction failures involving employer/workplace use, components, expert-supervised products and specified intoxication circumstances.
Obvious danger rule
Subsection (3) addresses failure to warn about an obvious or commonly known danger, considering the product's characteristics and what the user knew or ought to have known.
Assess product use at the time of harm
For a seller claim, preserve the product's condition and evidence of use, alteration or modification at the time of harm. Do not infer misuse from an unsupported allegation.
Trace where warnings went
In employer, component and expert-supervised contexts, identify who received the warnings or instructions, what was provided and the product's intended use. Subsection (2) applies only to failure-to-warn or instruct actions against the manufacturer.
Evaluate the particular danger
Subsection (3) concerns dangers obvious or commonly known to the user or consumer, or that they ought to have known, taking into account product characteristics. Assess the actual danger rather than treating all risks as obvious.
Hypothetical example
An employer buys a product for workplace use, and the manufacturer gives the employer the relevant warnings and instructions. If an employee later brings a failure-to-warn claim against the manufacturer, the purchase, intended workplace use and warnings supplied are checked against section 87(2)(a). That warning-specific exception does not automatically defeat a separate manufacturing-defect claim.
Official sources
Practical checklist
Do
- Preserve photographs, packaging, instructions and evidence of product condition after an incident.
- Track warnings supplied to employers, component purchasers or experts.
- Analyse each subsection against the specific allegation.
Avoid
- Do not call section 87 a general immunity for manufacturers or sellers.
- Do not assume a signed disclaimer proves an exception.
- Do not treat ordinary product alteration as proven without evidence of condition at the time of harm.
Frequently asked questions
Does section 87 remove all product-liability claims?
No. It contains specific exceptions with different targets and conditions.
Does the warning exception cover a manufacturing defect?
Subsections (2) and (3) concern failure-to-warn or instruct claims. Other grounds need their own analysis.
Is a seller automatically protected if a buyer later modified the product?
Subsection (1) asks whether the product was misused, altered or modified at the time of harm; the relevant facts must be established.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026