When you purchase a product in Malaysia, you expect it to be safe and fit for its intended purpose. But what happens when a defective product causes you injury or damage? Malaysian law provides robust protection for consumers through product liability provisions, holding manufacturers, importers, and in certain cases, retailers accountable for defective products.
Understanding Product Liability in Malaysia
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective products. In Malaysia, this area of law is primarily governed by Part X of the Consumer Protection Act 1999 (CPA), which introduced strict liability provisions that significantly strengthen consumer rights.
Before the CPA came into force, consumers who suffered harm from defective products had to rely on common law negligence claims, which required proving that the manufacturer or seller failed to exercise reasonable care. This was often difficult and expensive. The CPA changed this landscape by shifting the burden in favour of consumers.
Strict Liability Under the Consumer Protection Act 1999
Section 68 of the CPA establishes the principle of strict liability for defective products. This means that a producer can be held liable for damage caused by a defect in their product without the consumer needing to prove negligence or fault. The consumer only needs to establish three elements:
First, the product contained a defect. Under Section 67 of the CPA, a product is considered defective if its safety is not such as persons generally are entitled to expect. This assessment takes into account factors including the manner in which the product has been marketed, instructions and warnings provided, what might reasonably be expected to be done with the product, and the time when the product was supplied.
Second, the consumer suffered damage. The CPA covers personal injury, death, and damage to private property (though property damage claims have a threshold of RM500).
Third, there is a causal link between the defect and the damage suffered.
Who Can Be Held Liable?
Manufacturers and Producers
Under Section 69 of the CPA, the primary liability falls on the producer of the product. This includes the actual manufacturer of the finished product, any person who manufactured a component part, and any person who processed raw materials used in the product. Additionally, any person who holds themselves out as the producer by putting their name, trademark, or other distinguishing mark on the product is also treated as a producer.
Importers
In recognition of Malaysia's significant import market, Section 69 also imposes liability on any person who imports products into Malaysia in the course of business. This is particularly important because it provides Malaysian consumers with a local party to pursue when the actual manufacturer is based overseas and may be difficult to sue directly.
Retailers and Suppliers
While retailers are not primarily liable under the strict liability framework, Section 70 of the CPA provides that a supplier may be held liable if the injured person requests the supplier to identify the producer or importer, and the supplier fails to comply within a reasonable time. This encourages retailers to maintain proper records of their supply chain and cooperate with consumers seeking to identify responsible parties.
Available Defences for Producers
The CPA recognises that strict liability should not be absolute, and Section 71 provides several defences that producers can raise:
Compliance with Legal Requirements
A producer may escape liability if they can prove that the defect is attributable to compliance with a requirement imposed by law. However, this defence is narrowly construed and typically applies only where the law specifically mandates the defective characteristic.
The Product Was Not Supplied
If the producer can demonstrate that they did not supply the product to another person, they may avoid liability. This covers situations such as theft of products before they enter the market.
Non-Commercial Supply
The defence applies where the product was not supplied in the course of business or with a view to profit. This protects individuals who might give away homemade goods, for instance.
Defect Did Not Exist at Time of Supply
Producers can defend themselves by proving that the defect did not exist in the product at the time it was supplied. This is relevant where damage or deterioration occurs after the product leaves the producer's control.
Development Risks Defence
Perhaps the most significant defence is found in Section 71(1)(e), commonly known as the development risks or state of the art defence. A producer is not liable if they can prove that the state of scientific and technical knowledge at the time the product was supplied was not such that a producer of similar products might be expected to have discovered the defect. This defence acknowledges that some risks are unknowable given the current state of technology.
Practical Steps for Consumers
If you have been injured by a defective product in Malaysia, consider the following practical steps:
Preserve the product and packaging. Do not dispose of the defective product, as it will serve as crucial evidence in any claim. Keep all original packaging, receipts, and documentation.
Document everything. Take photographs of the defect, your injuries, and the circumstances of the incident. Maintain records of medical treatment and any expenses incurred.
Seek medical attention promptly. This creates a contemporaneous record linking your injuries to the product.
Identify the responsible parties. Check product labels for manufacturer and importer information. If this is not clear, you have the right to request this information from the retailer.
Be mindful of time limits. Under Section 73 of the CPA, claims must generally be brought within three years from the date of damage or when the claimant became aware of the damage and the identity of the producer. There is also a long-stop limitation period of ten years from the date the product was first supplied.
Consider lodging a complaint with the relevant authorities. The Ministry of Domestic Trade and Consumer Affairs handles consumer complaints and can take enforcement action against businesses selling unsafe products.
The Relationship with Other Laws
The product liability provisions in the CPA do not replace other legal remedies available to consumers. You may still pursue claims under the law of negligence, breach of contract, or breach of statutory warranties under Part V of the CPA. In some cases, pursuing multiple legal avenues may be appropriate to maximise the chances of recovery.
Conclusion
Malaysia's product liability framework provides meaningful protection for consumers harmed by defective products. The strict liability regime under the Consumer Protection Act 1999 removes the often insurmountable burden of proving negligence, making it easier for injured consumers to obtain compensation. At the same time, the law balances consumer protection with reasonable defences for producers who act responsibly.
If you believe you have suffered harm due to a defective product, understanding your rights under Malaysian consumer law is the first step toward seeking appropriate redress.
Disclaimer: This article provides general information about product liability law in Malaysia and does not constitute legal advice. The law may have changed since publication, and the application of legal principles depends on specific facts and circumstances. If you have been injured by a defective product or face a product liability claim, you should consult a qualified lawyer who can assess your particular situation and provide tailored advice.