Law4u - Made in India

What Defenses Might A Manufacturer Use Against Claims Of Selling Defective Goods?

Answer By law4u team

When faced with claims of selling defective goods, manufacturers can use various defenses to counter liability. These defenses aim to prove that the product was not inherently defective or that the consumer's actions contributed to the alleged harm.

Common Defenses Used by Manufacturers

  • Product Misuse: The manufacturer may argue that the consumer did not use the product according to the provided instructions, which led to the defect or harm.
  • Alteration After Sale: If the product was modified, tampered with, or repaired by a third party after purchase, the manufacturer might claim that this alteration caused the defect.
  • Assumption of Risk: The consumer knowingly used the product despite being aware of potential risks or defects, relieving the manufacturer of full responsibility.
  • Expiration of Warranty: The manufacturer could argue that the product was out of warranty when the defect occurred, and thus they are not liable for any issues arising after the warranty period.
  • Comparative Negligence: The manufacturer may assert that the consumer's actions partially contributed to the harm, potentially reducing the liability in jurisdictions where comparative negligence is applied.
  • No Proof of Defect: The manufacturer might challenge the existence of a defect, asserting that the product met all safety and quality standards at the time of sale.
  • Compliance with Industry Standards: The manufacturer can defend itself by showing that the product adhered to all relevant regulations and industry standards at the time it was produced.

Example

If a consumer purchases a washing machine that leaks water during operation, leading to damage to their home, the manufacturer might defend against a defect claim by arguing:

  • The washing machine was not installed properly, which caused the malfunction (product misuse).
  • The machine was altered or repaired by an unauthorized technician, voiding the warranty (alteration after sale).
  • The consumer continued using the washing machine despite noticing the leak, assuming the risk of further damage.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Bhawna

Advocate Bhawna

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Divorce, Domestic Violence, Family, Banking & Finance, R.T.I, Succession Certificate, Wills Trusts, Court Marriage, Criminal

Get Advice
Advocate Gaikwad Santosh Arjun

Advocate Gaikwad Santosh Arjun

Anticipatory Bail, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Sumant Chaturvedi

Advocate Sumant Chaturvedi

Criminal,Anticipatory Bail,Civil,Cheque Bounce,Domestic Violence,Banking & Finance,Consumer Court,Labour & Service,Cyber Crime,Divorce,Motor Accident,Family,Court Marriage,Breach of Contract,Medical Negligence,Landlord & Tenant,Insurance,R.T.I,Property,RERA,Media and Entertainment,Recovery,Patent,Succession Certificate,Trademark & Copyright,Wills Trusts,Child Custody,Documentation,Bankruptcy & Insolvency,

Get Advice
Advocate J A Gohil

Advocate J A Gohil

Family, Divorce, Muslim Law, Court Marriage, Criminal, Cheque Bounce

Get Advice
Advocate Narender Singh Ahlawat

Advocate Narender Singh Ahlawat

Child Custody, Civil, Criminal, Cyber Crime, Medical Negligence, Armed Forces Tribunal

Get Advice
Advocate Anand Mani Tripathi

Advocate Anand Mani Tripathi

Bankruptcy & Insolvency,Breach of Contract,Corporate,Criminal,Cyber Crime,GST,Tax,Trademark & Copyright,

Get Advice
Advocate Shekhar Chauhan

Advocate Shekhar Chauhan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Customs & Central Excise, Consumer Court, Cyber Crime, Domestic Violence, Divorce, Criminal, Court Marriage, Corporate, High Court, Family, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, NCLT, RERA, R.T.I, Trademark & Copyright

Get Advice
Advocate Huzefa Tade

Advocate Huzefa Tade

Anticipatory Bail, Banking & Finance, Criminal, Cyber Crime, High Court, Property

Get Advice

Consumer Court Law Guides Related Questions

Discover clear and detailed answers to common questions about Consumer Court Law Guides. Learn about procedures and more in straightforward language.