Practice Areas

Holding Manufacturers Accountable for Defective Products

When a defective product causes harm or injury, victims have the right to seek justice and compensation. At Covenant Chambers, our experienced product liability attorneys are dedicated to helping individuals and families who have been hurt by dangerous or defective products. Whether it’s a malfunctioning car part, a faulty household appliance, or a defective pharmaceutical drug, we hold manufacturers, distributors, and retailers accountable for the harm their products cause.

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have for ensuring that the products they sell are safe for consumers to use. If a product is defectively designed, manufactured, or marketed (such as inadequate warning labels), and it causes injury or damage, the injured party may be entitled to compensation through a product liability claim.

There are three primary types of product defects that can lead to product liability claims:

  1. Design Defects: A flaw in the product’s design that makes it inherently dangerous even when used as intended.
  2. Manufacturing Defects: A flaw that occurs during the production or assembly process, making the product unsafe for use.
  3. Marketing Defects (Failure to Warn): A product might be defectively marketed if proper instructions, safety warnings, or adequate warnings of potential risks are not provided.
Types of Product Liability Cases We Handle

Our law firm handles a wide variety of product liability cases, including but not limited to:

  • Automobile Defects (airbags, brakes, fuel systems, tires)
  • Pharmaceutical and Medical Devices (drugs with dangerous side effects, defective surgical implants)
  • Consumer Products (appliances, toys, furniture, and household items)
  • Industrial Equipment (tools, machinery, and heavy equipment)
  • Food and Beverages (contaminated food, defective packaging)
  • Toxic Exposure (chemicals, cleaning agents, pesticides)
  • Defective Electronics (batteries, chargers, electrical products)
Why Choose Covenant Chambers?
  1. Experienced Lawyers: Our team has extensive experience in handling complex product liability claims and understanding the technicalities of product design, manufacturing, and safety standards.
  2. Proven Track Record: We have secured substantial settlements and verdicts for our clients, holding corporations and manufacturers accountable for the harm their defective products cause.
  3. Client-Focused Approach: We prioritize your needs and offer personalized legal counsel. We will guide you through every step of the legal process, from investigating the product defect to filing your claim and negotiating for the compensation you deserve.
  4. No Fees Unless We Win: We work on a contingency fee basis, meaning you won’t pay unless we recover compensation on your behalf. We believe in making justice accessible to everyone.
Common Injuries in Product Liability Cases

Defective products can cause a wide range of injuries, including:

  • Serious burns
  • Broken bones and fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Severe allergic reactions
  • Chronic health conditions due to toxic exposure
  • Wrongful death

If you’ve been injured by a defective product, it’s important to seek medical attention immediately and contact an experienced attorney to discuss your legal options.

Acts & Rules on Product Liability

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Consumer Protection Act, 2019 (Primary Law on Product Liability)

Key Provisions:

  • Introduced "Product Liability" as a legal concept for the first time in India.
  • Allows consumers to file complaints against:
    • Manufacturers
    • Sellers
    • Service providers

Types of Product Liability under the Act:

  • Manufacturer Liability
  • Service Provider Liability
  • Seller Liability

Grounds for Product Liability:

  • Defective product
  • Deficiency in services
  • Design defects
  • Manufacturing defects
  • Failure to provide adequate warnings/instructions

Liability Exceptions:

  • Product was misused or altered by the user.
  • The product complied with all regulatory standards.
  • The consumer was aware of the defect before purchase.
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Legal Metrology Act, 2009
  • Ensures accurate weight and measurement standards.
  • Mandates proper labelling of packaged goods (MRP, expiry, origin, etc.).
  • Helps establish liability when misleading labels or inaccurate measurements lead to harm.
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Drugs and Cosmetics Act, 1940
  • For pharmaceutical and cosmetic products.
  • Imposes liability for defective or substandard medicines or cosmetics.
  • Violations can lead to criminal penalties.
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Food Safety and Standards Act, 2006 (FSSAI)
  • Applies to food products and ingredients.
  • Product liability applies for unsafe, misbranded, or contaminated food.
  • Offenses can lead to imprisonment, fines, or both.
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Bureau of Indian Standards Act, 2016
  • Governs product quality and safety through Indian Standards.
  • Manufacturers are liable for substandard or non-certified products where certification is mandatory.
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Sale of Goods Act, 1930
  • Implied conditions regarding merchantable quality, fitness for purpose, and title.
  • Buyer can claim compensation for breach of conditions in a sales contract.
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Indian Penal Code, 1860 (Sections 272–276, 284, 336–338)
  • Criminal liability for:
    • Adulteration of food/drugs
    • Sale of noxious food or drink
    • Negligent conduct with respect to harmful substances
  • Punishable by fines and/or imprisonment.
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Regulatory & Enforcement Bodies
  • Consumer Disputes Redressal Commissions (District, State, National)
  • FSSAI – Food Products
  • CDSCO – Drugs and Cosmetics
  • BIS – Product Certification
  • Legal Metrology Department

How We Can Help

Our product liability lawyers conduct thorough investigations into the design, manufacturing, and marketing of the product in question. We gather evidence, consult with industry experts, and determine the best course of action for your case. Whether through settlement negotiations or litigation, our team is committed to securing the compensation you deserve for your injuries, medical expenses, lost wages, pain and suffering, and more.

Contact Us for Consultation

If you or a loved one has been injured by a defective product, don’t hesitate to reach out. Our product liability attorneys offer free initial consultations and will evaluate the merits of your case. Let us fight for your rights and hold the responsible parties accountable.

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