As per Indian laws, negligence on the part of the manufacturer/seller amounts to breach of duty that causes damage or loss to the complainant. The absence of diligence in offering services amounts to negligence. In case a consumer has suffered any damage or injury by a product, due to the negligence of the manufacturer, the latter shall be held liable.

Indian Law for Consumers to Prove Manufacturer’s Negligence

As per Indian law pertaining to consumers, the manufacturer can be held accountable, only if it is proved that the loss or injury caused to the consumer was due to the manufacturer’s negligence. There must be a connection between the loss of the consumer and negligence of the manufacturer. 

The liability to prove negligence, on the part of manufacturer, rests on the aggrieved consumer. To seek relief against the manufacturer the consumer shall prove:

• The opposite party was obliged with the duty to take care.
• There was breach of a duty, on the part of the opposite party.
• The breach was the proximate cause of the loss or damage to the consumer.

Indian Law: Case Studies on Negligence of Manufacturers

According to Indian law, you can sue a manufacturer/service provider, in case there is negligence on his part that has caused you any loss or injury. In a landmark case, Grant v. Australian Knitting Mills Ltd, (1936) AC 85, the complainant bought a woolen cloth from a retailed shop but he contracted dermatitis after wearing the garment. The disease was caused due to excess chemicals used in the manufacturing process. The presence of the toxic chemical was a hidden defect. The manufacturer was held accountable for breach of a duty, to not to injure the consumer.

In another similar case, Stennett v. Hancock, (1939) 2 All ER 578, the respondent supplied a reconditioned car to the plaintiff. However, the rear wheel of the car came off, causing severe injuries to the plaintiff. The court held that the respondent was obliged with the duty to provide the car in a safe condition. It further held that there was breach of duty, on the part of the respondent.