Section 87 of CPA : Section 87: Exceptions To Product Liability Action

Explanation using Example

Imagine John purchases a new chainsaw. The chainsaw comes with a warning label that clearly states not to operate it without proper safety gear. John disregards this warning, does not wear safety gear, and ends up injuring himself. Under Section 87(1) of the Consumer Protection Act, 2019, the product seller would not be liable for John's injury because he misused the chainsaw by not following the safety instructions.

Now consider a scenario where a company buys a cleaning chemical to use in its factory. The manufacturer provided adequate warnings to the company about using the chemical with the correct protective equipment. An employee, unaware of these instructions, uses the chemical without protection and gets harmed. According to Section 87(2)(a), the manufacturer would not be liable as they had given the necessary warnings to the employer.

In another case, suppose a specialized adhesive used in aircraft maintenance is sold with clear instructions that it should only be applied by certified technicians. If a technician who is not certified fails to follow the instructions and causes damage to an aircraft, under Section 87(2)(c), the product manufacturer would not be liable since they provided warnings intended for experts.

Lastly, if a consumer uses a product in a manner that is obviously dangerous, such as sticking a metal object into an electrical appliance while it's running, and gets injured, the manufacturer would not be liable under Section 87(3), since the danger was obvious.