Section 685: To be liable for defective product

1) No person shall produce any defective product and sell or distribute, or cause to be sold or distributed, any defective goods or service.

2) The producer of a defective product referred to in sub-section (1) shall bear liability under this Chapter for the loss or damage, if any, caused to the body, life or property of any person as a result of the consumption of such product sold or distributed by anyone.

Explanation: For the purposes of this Chapter,-

(1) “Defective product” means any goods or service which, for any of the following reasons, lack the minimum safety measures that a person of general prudence reasonably expects while consuming any product:

(a) Defective design, manufacturing, processing or installation,

(b) Defective packing, safety or storage,

(c) Defective presentation,

(d) Lacking adequate measures or precautions to control the potential risk or danger according to the nature of the produced good or service.

(2) “Producer” means a producer who ultimately produces, sells and distributes any defective goods or service, and also includes the following person:

(a) The distributor or seller, if the producer cannot be traced out,

(b) In the case of any imported product, the importer of the defective product, the distributor or the seller of such product.

(3) “Good” means any industrial product for consumption by the public.