Strict Liability for Defective Product
Strict Liability for Defective Products - Part X of the CPA 1999
Section 68(1) provides that where any damage is caused wholly or partly by a defect product, the following persons shall be liable for the damage. The plaintiff only has to prove damage or defect in the product.
Part X of CPA does not cover every product. Section 66 provides types of product such as goods and component parts and raw materials. Section 3 provides definition of goods. Only the goods which are purchased for private and non commercial purpose are covered by the CPA. Goods may include utilities such as supply of gas, electricity and water. Pharmaceutical products are arguably within the meaning of goods although CPA generally does not have provision about pharmaceutical products. Section 68(5) of CPA provides that farmers and fisherman and other persons in distribution of unprocessed agricultural product are exempted from strict liability.
Part X of CPA does not make every person liable. Section 68(1) lists three principal persons who may be strictly liable under Part X : producer of product, own brander and importer. CPA makes it clear that the liability is primarily placed o the producer of product. Definition of producer widely enough to cover every person involved in the manufacturing process, pre-manufacturing process activity and the processing of a natural product. Section 68 (1) (b) applies liability to any person who by putting his name on the product has held himself out to be the producer of product. This provision is mainly intended to catch chain department stores and supermarkets who are generally economically powerful. Section 68(1) (c) applies liability on the person who has imported the product into Malaysia. This provision is intended to overcome the practical problem of suing his foreign producer in his own country. Section 68(2) provides that importer or producer or own- brander fails to inform the injured person within reasonable time, he shall be liable.
Section 68(1) provides that where any damage is caused wholly or partly by a defect product, the following persons shall be liable for the damage. The plaintiff only has to prove damage or defect in the product.
Part X of CPA does not cover every product. Section 66 provides types of product such as goods and component parts and raw materials. Section 3 provides definition of goods. Only the goods which are purchased for private and non commercial purpose are covered by the CPA. Goods may include utilities such as supply of gas, electricity and water. Pharmaceutical products are arguably within the meaning of goods although CPA generally does not have provision about pharmaceutical products. Section 68(5) of CPA provides that farmers and fisherman and other persons in distribution of unprocessed agricultural product are exempted from strict liability.
Part X of CPA does not make every person liable. Section 68(1) lists three principal persons who may be strictly liable under Part X : producer of product, own brander and importer. CPA makes it clear that the liability is primarily placed o the producer of product. Definition of producer widely enough to cover every person involved in the manufacturing process, pre-manufacturing process activity and the processing of a natural product. Section 68 (1) (b) applies liability to any person who by putting his name on the product has held himself out to be the producer of product. This provision is mainly intended to catch chain department stores and supermarkets who are generally economically powerful. Section 68(1) (c) applies liability on the person who has imported the product into Malaysia. This provision is intended to overcome the practical problem of suing his foreign producer in his own country. Section 68(2) provides that importer or producer or own- brander fails to inform the injured person within reasonable time, he shall be liable.