Chapter VI (Sections 82–87) of CPA 2019 introduces product liability — a manufacturer or seller can be held liable for harm caused by a defective product without needing to prove negligence.
Who Can Be Held Liable
- Product manufacturer — for design defects, manufacturing defects, inadequate instructions or warnings
- Product service provider — for service that was faulty or inadequate
- Product seller — if they knew about the defect, modified the product, or sold it without the manufacturer’s authorisation
Strict Liability
Unlike traditional tort law, product liability under CPA 2019 is strict liability — you only need to prove:
- The product was defective
- The defect caused harm
No need to prove the manufacturer was careless.
Defences Available to Manufacturer
- Product was not defective when it left their control
- Defect arose due to compliance with a mandatory government standard
- Plaintiff modified the product after purchase
- Plaintiff knew the product was defective and still used it
Even if you bought a product as a gift for someone else, the recipient can claim product liability if injured.