Authors : Rahmah Ismail, Zeti Zuryani Mohd Zakuan, Sakina Shaik Ahmad Yusoff, Ruzian Markom, Suzanna Mohamed Isa and Azimon Abdul Aziz
Abstract: Product liability law is associated with consumers’ right to damages. Under the product liability law, the consumers can sue the producers or manufacturers for the damage that has been caused by a defect in a product. Product liability law is necessary in order to provide protection to consumers. In Malaysia, prior to 1999, product liability law is based on claims under law of contract and law of negligence. In 1999, the government of Malaysia has introduced the Consumer Protection Act 1999 (CPA 1999) which provides for strict civil liability under Part X of the CPA 1999 for product liability. The purpose for introducing strict civil liability is to lessen the burden of proof of consumers. The introduction of strict civil liability is in line with the international development in which many countries have adopted strict civil liability to overcome the obstacles under the law of contract and law of negligence. Based on doctrinal research and by adopting content analysis method, this study examines the elements of product liability law and defences provided under Part X of the CPA 1999. The study analyses the relevant provisions under Part X of the CPA 1999 to see whether the act is able to give full protection to Malaysian consumers for product liability claims and whether the introduction of strict product liability brings justice to the consumers in terms of reducing their burden of proof.
Rahmah Ismail, Zeti Zuryani Mohd Zakuan, Sakina Shaik Ahmad Yusoff, Ruzian Markom, Suzanna Mohamed Isa and Azimon Abdul Aziz, 2015. Product Liability Law under the Malaysian Consumer Protection Act 1999: Justice for Consumers?. International Business Management, 9: 1290-1296.