Smriti Tripathi

Product Liability: Origin and Evolution in English and Indian Law Smriti Tripathi

Product Liability had long been a fundamental but neglected concept. But lately it has been recognized by various courts and upto such an extent that now product liability cases form a major part of the cases that are disposed daily. It has moved the onus of liability for defected products or services to the manufacturer and the consumer today feels safe. Thanks to Ms. Donoghue for consuming the famous ginger-beer we have the neighbor principle and the manufacturer owing a duty of care towards us in the absence of a contract. This is responsible for The Consumer Protection Act, 1986 and setting up of Consumer Forums at various levels in India. Thus we look at what this concept really is and how it evolved in both, Indian as well as English Law