ADVANCING CONSUMER PROTECTION THROUGH PRODUCT LIABILITY UNDER THE CONSUMER PROTECTION ACT 1999

Abstract

This article explores critical aspects of tort law as a mechanism for consumer protection, with a
focused analysis on product liability as delineated in Part X, Product Liability of Malaysia's Consumer
Protection Act 1999.
It scrutinizes the interplay of tort law with statutory laws to safeguard consumers from the risks
associated with defective products. Through an examination of the Consumer Protection Act 1999, this
study highlights how the Act's provisions on product liability integrate with traditional tort principles to
enhance consumer safety and ensure manufacturers' accountability.
The article provides key definitions such as “consumer”,“producer,” “product,” and “damage”
and investigates the criteria for establishing liability and the remedies available to consumers. By
assessing the effectiveness of these legal frameworks in promoting product safety and fairness in the
marketplace, the article identifies the synergies between the Act and tort law, offering insights into their
collective impact on consumer protection in Malaysia.
This article aims to provide some insights into the role played by tort law in consumer
protection, suggesting areas for legislative enhancement to better shield consumers against the hazards
of defective products.