Product Liability Law under the Malaysian Consumer Protection Act 1999 - Justice for Consumers?

Sep 2, 2026

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Product liability law links consumer claims for compensation to defects in products. In Malaysia, before 1999, consumer redress relied on contract law and negligence law, both imposing major obstacles, especially for non-buyer victims, due to privity and difficult proof requirements. The Consumer Protection Act 1999 introduced Part X strict civil liability to reduce consumers’ burden of proof. Using doctrinal research and content analysis, this study examines Part X elements and available defences to evaluate whether the framework delivers justice.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages7

Reading Time18 min

AccessFree to download

INTRODUCTION

Product liability in Malaysia

The era of pre-1999 position

Law of contract

Law of negligence

Strict product liability under the Consumer Protection Act 1999

# Product Liability Law under the Malaysian Consumer Protection Act 1999:Justice for Consumers? 'Rahmah Ismail,²Zeti Zuryani Mohd Zakuan,'Sakina Shaik Ahmad Yusoff,Ruzian Markom,¹Suzanna Mohamed Isa and ¹Azimon Abdul Aziz 'Faculty of Law,Universiti Kebangsaan Malaysia,Bangi,Selangor,Malaysia²Department of Law,Universiti Teknologi MARA,Shah Alam,Malaysia 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 aproduct.Product liability law is necessary in order to provide protection to consumers.In Malaysia,prior to1999,product liability law is based on claims under law of contract and law of negligence.In 1999,thegovernment of Malaysia has introduced the Consumer Protection Act 1999(CPA 1999)which provides for strictcivil liability under Part X of the CPA 1999 for product liability.The purpose for introducing strict civil liabilityis to lessen the burden of proof of consumers.The introduction of strict civil liability is in line with theinternational development in which many countries have adopted strict civil liability to overcome the obstaclesunder the law of contract and law of negligence.Based on doctrinal research and by adopting content analysismethod,this study examines the elements of product liability law and defences provided under Part X of theCPA 1999.The study analyses the relevant provisions under Part X of the CPA 1999 to see whether the act isable to give full protection to Malaysian consumers for product liability claims and whether the introductionof strict product liability brings justice to the consumers in terms of reducing their burden of proof. Key words:Consumer protection,Consumer Protection Act 1999 of Malaysia,product liability,strict civil liability,burden of proof ## INTRODUCTION the claim under law of negligence.In view of the problemsin the application of contract law and the law ofnegligence,specific law relating to strict product liabilitywas introduced in Consumer Protection Act 1999.Whether the introduction of strict product liablity bringjustice to the Malaysian consumers will be dicussed later. Product liability refers to a responsibility that must beborne by the individual in ensuring the safety of aproduct.If the product is defective,then redress shouldbe available to those who suffered damage.Ringstedtexplained product liability as follows: It concerns the obligation to pay compensation forinjuries caused by a product to persons or other propertythan the product itself. ## PRODUCT LIABILITY INMALAYSIA The era of pre-1999 position:The pre-1999 position hadwitnessed the product liability in law of contract and lawof negligence.Law of contract and law of negligencecreate obstacles in their application.The obstaclescreated by the law of contract and law of negligence willbe discussed. Product liability law seeks to protect consumers fromdefective products.Traditionally,individuals who wereinjured by manufactured products looked to the teories ofnegligence and implied warranties for their causes ofaction.However,neither theory was totally responsive tothe needs of all plaintiffs(Sharp,1982).Contract law willonly favor the consumer buyers.This is due to thedoctrine of privity of contract.Parties may claim providedthat they have privity to the contract.For consumer whois not a buyer,he will not gain any benefit in a claim fordefective product under contract law.In a claim fornegligence there are three elements that must be provedby the consumers.However,these three elements are verydifficult to prove which left the consumer unsuccessful in Law of contract:The law of contract is heavily reied onthe doctrine of privity of contract.The application of thisdoctrine makes it difficult for non-buyer consumers toclaim for a damage caused by a defective product.Onlythose who have privity to a contract

FAQs

What was the basis of product liability claims in Malaysia before 1999?

Before 1999, product liability claims were mainly based on contract law and negligence law. These routes created obstacles for consumers, particularly non-buyers, and required complex proof.

How does the Consumer Protection Act 1999 address consumers’ proof burdens?

The Act introduced strict civil liability under Part X, aimed at lessening the burden of proof on consumers. This aligns with international trends that use strict liability to overcome contract and negligence barriers.

What does the study examine under Part X of the CPA 1999?

The study analyzes the elements of product liability law and the defences provided under Part X. It evaluates whether the provisions can fully protect Malaysian consumers and whether strict product liability brings justice by reducing proof burdens.

Sep 2, 2026

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