Strict liability for defective products: balancing of interests between consumers and producers

• Main Author: Amin, Naemah
• Format: Article
• Language: English
• Published: Malaysian Consumer and Family Economics Association 2007
• Subjects: K Law (General)
• Online Access: http://irep.iium.edu.my/6279/1/Macfea_journal.pdf; http://irep.iium.edu.my/6279/

A system of strict liability for defective products has been incorporated into Malaysian law through Part X of the Consumer Protection Act 1999 (hereinafter referred to as the CPA). It is aimed at providing better protection to the victim of defective or unsafe products. However the system is founded on the policy consideration that product liability law should maintain a fair, just and proper balance between the interest of the consumer and the interest of the producer. Consequently liability for defective products may be strict but not absolute. A producer may free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances. The aim of this paper is to examine whether the law is really able to strike a balance between commercial interests and consumer protection in the area of product liability. The main focus of the paper is the extent to which the principle of strict liability under Part X of the CPA realises its main objective to improve the substantive position of the victims of defective products, beyond that already afforded to them under the common law. All the defences available to the defendants in product liability claims will then be considered. The discussion will assess the extent to which those defences can be justified as a means of reducing or intruding upon the compensation rights of the injured persons.