[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-180508-105":59,"doc-detail-180508-en":134},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":127,"head_meta":129,"extra_data":131,"updated_unix":133},105,"en","product-liability-under-the-consumer-protection-act-1999","Product Liability Under the ConsumerProtection Act 1999","","Product liability law in Malaysia enters a new era through the Consumer Protection Act 1999, which creates a liability framework for loss or damage caused by defective products. Part X establishes an additional remedy for victims beyond traditional contract and negligence claims. The discussion focuses on the Act’s key concepts—product, producer, and defect—and on how liability is structured. It explains the nature of liability as effectively strict, while outlining remaining evidential burdens, causation challenges, consumer expectation concerns, and the availability of statutory defences.",{"@graph":69,"@context":126},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/product-liability-under-the-consumer-protection-act-1999/180508/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/product-liability-under-the-consumer-protection-act-1999/180508.png","ImageObject",300,407,{"name":92,"@type":93},"Bill Black","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-08","2026-09-02",true,{"@type":102,"interactionType":103,"userInteractionCount":52},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118,122],{"name":109,"@type":110,"acceptedAnswer":111},"What changes does the Consumer Protection Act 1999 introduce for victims of defective products?","Question",{"text":112,"@type":113},"It introduces a new liability system for death, personal injury, and property damage caused by defective products, giving victims an additional remedy beyond contract and negligence.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How is liability under the Act structured in relation to fault and contractual links?",{"text":117,"@type":113},"Liability can be imposed without a contractual relationship and without proof of fault, so a claimant generally must prove damage, defect, and a causal link between them.",{"name":119,"@type":110,"acceptedAnswer":120},"What difficulties remain for consumers even under the Act’s strict-liability approach?",{"text":121,"@type":113},"The claimant still has the burden of proving the product was defective, and proving causation can be challenging, especially where evidence overlaps with past fault-based cases (such as disputes involving drugs).",{"name":123,"@type":110,"acceptedAnswer":124},"Does the Act make liability completely absolute for producers?",{"text":125,"@type":113},"No. Although producers are generally held liable for defective products, they may avoid liability by proving one of the defences provided by the Act.","https://schema.org",{"og:url":83,"og:type":128,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":130,"canonical":83},"index,follow",{"doc_id":132,"site_id":62},180508,1788340990,{"code":4,"msg":5,"data":135},{"doc_id":132,"user_id":136,"nickname":92,"user_avatar":137,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":138,"file_id":139,"file_url":140,"file_type":141,"file_size":142,"view_count":52,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":143,"language":144,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":145,"faqs":146,"seo_title":147,"seo_description":67,"update_tm":133,"read_time":26},24189269381491,"https://ap-avatar.wpscdn.com/avatar/160000cf11732dd8392?x-image-process=image/resize,m_fixed,w_180,h_180&k=1788146458752108895","# PRODUCT LIABILITY UNDER THE CONSUMERPROTECTIONACT 1999\n\nNaemah Amin  \nProduct liability law in Malaysia is now entering intoa new era with the recent introduction of theConsumer Protection Act 1999(hereinafter referredto as the Act).Part X of the Act introduces a newsystem of liability in respect of loss or damage causedby defective products similar to the system availablein the United Kingdom and other European countries.The new law offers the victims of defective productsan additional remedy to existing remedies under thelaw of contract and tort of negligence.The purposeof this piece is to examine a new set of conceptsintroduced by the Act such as ‘product,’'producer,''defect'and the defences available to the defendantin order to assess the extent to which the new lawrealises its main objective to improve the substantiveposition of the victims of defective products  \n## INTRODUCTION\n\nThe Malaysian Parliament has recently passed the ConsumerProtection Act 1999(hereinafter referred to as the Act)with the aim ofproviding better legal protection to consumers.The Act covers most majorareas of consumer protection including product liability which is containedin PartXof the Act.!Product liability is generally understood as referring  \nto the civil liability ofa manufacturer or distributor for damage caused bya defect in the product.Under the existing law the victim of a defectiveproduct has to seek remedy either under the law of contract or tort ofnegligence which obviously is inadequate to protect them.²  \nThe Act basically introduces a new system ofliability in respectof death,personal injury and damage to property caused by defectiveproducts.Such a system is believed to overcome the problems inherentin contractual and negligence remedies and accordingly gives betterprotection to the consumer.³However,as most of the provisions onproduct liability are based on Part 1 of the United Kingdom ConsumerProtection Act 1987,the criticisms of the UK Act may equally apply tothe new Act.4 This article aims to provide an overview of product liabilitylaw in Malaysia under the Act.All the important provisions of the Actwill be considered in order to provide a fuller appreciation of the scope ofprotection offered,its adequacy and its weaknesses.  \n## THE NATURE OF THE LIABILITY\n\nIt may be understood that the Act introduces a regime of strictliability for damage caused by a defective product although the phrase'strict liability'does not appear in the Act.However section 68(1)of theAct makes it clear that‘where any damage is caused wholly or partly bya defect in a product,the following persons shall beliable for the damage.\"It can clearly be deduced from this provision that the liability can beimposed without contractual relationship and without proof of fault.Thus,to succeed in aproduct liability claim,the plaintiffhas only to prove damage,defect in the product and the causal link between the two.  \nIt seems reasonably clear that the central tenet of the liability isthe defect in the product unlike liability in negligence which is based onthe conduct of the producer.The advantage of this approach for the  \n2 The law of contract confines the remedy to the buyer and restricts the liability to theseller.A remedy for a non-contracting party under the law of negligence will dependon his ability to prove the manufacturer's fault.See Daniels and DanielsvR.White &Sons Ltd.[1938]4 All ER 258;Priest v Last [1903]2KB148;Evans v Triplex SafetyGlass Co[1936]1 All ER 283.  \n³S.S.Rachagan(ed),Consumer Law Reform:A Report,(University of Malaya Press,Kuala Lumpur,1992),para 1.11.1.  \n4 See for e.g.A.Clark,Product Liability,(Sweet &Maxwell,London,1989);Bragateand Savage,\"The Consumer Protection Act 1987,\"(1987)NLJ 929;J.Blaikie,“Product Liability:The Consumer Protection Act 1987 Part 1,”(1987)JLSS 325.5 Emphasis added.The section then lists down the persons to be held liable.Seediscussion infra at 5-9.  \nindividual is that liability may be imposed by reason of t","cbCaihZevjAqEe51","https://ap.wps.com/l/cbCaihZevjAqEe51","pdf",11741344,24,"English","# Introduction\n# The Nature of the Liability\n## Strict-liability framework and elements of proof\n## Centrality of defect versus fault\n## Challenges in proving defect and causation\n## Consumer expectation test and policy implications\n## Statutory defences and improvement over common law\n# Products","[{\"question\":\"What changes does the Consumer Protection Act 1999 introduce for victims of defective products?\",\"answer\":\"It introduces a new liability system for death, personal injury, and property damage caused by defective products, giving victims an additional remedy beyond contract and negligence.\"},{\"question\":\"How is liability under the Act structured in relation to fault and contractual links?\",\"answer\":\"Liability can be imposed without a contractual relationship and without proof of fault, so a claimant generally must prove damage, defect, and a causal link between them.\"},{\"question\":\"What difficulties remain for consumers even under the Act’s strict-liability approach?\",\"answer\":\"The claimant still has the burden of proving the product was defective, and proving causation can be challenging, especially where evidence overlaps with past fault-based cases (such as disputes involving drugs).\"},{\"question\":\"Does the Act make liability completely absolute for producers?\",\"answer\":\"No. Although producers are generally held liable for defective products, they may avoid liability by proving one of the defences provided by the Act.\"}]","Product Liability Under the ConsumerProtection Act 1999 | PDF"]