From the article above, who is liable for the defective product? what legal action can we take to sue the company when there is someone get injured by the defective product?
Consumer Protection Act 1999 is a statutes enacted to safeguard consumer rights by (1) enforcing or enhancing product safety standards, (2) increasing the availability of consumer interest related information, and avoiding the use of deceptive marketing approach as explained in BusinessDictionary.com.
In Consumer Protection Act 1999 (CPA), Section 67 defined the meaning of "defect". As for Section 68, it stated the liability for defective products.
1) Where any damage is caused wholly or partly by a defect in a product, the following persons shall be liable for the damage:
a) the producer of the product;
b) the person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product; and
c)the person who has, in the course of his business, imported the product into Malaysia in order to supply it to another person.
Other that CPA, common law, under duty of care also can be referred. One of the cases is Donoghue v. Stevenson (1932). This case is about the customer get poisoned by drinking the drinking contents where the ginger beer contained dead snail. He sued the producer for negligence. The producers owed a duty of care for the customer.
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