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Legal Concept of Product Liability
- Product liability imposes liability for products on manufacturers, sellers, importers and other in the distribution chain. Product liability is a general right to recover for injuries caused by the use of defective products based solely upon theories of negligence, breach of warranty and strict liability. Product liability law protects not only consumer rights but also limits the liability of manufacturer. In international level as product liability, there are legal instruments like the Convention on the Law Applicable to Products Liability (Hague Convention, 1972), European Convention on Products Liability in regard to Personal Injury and Death, 1977 and Product Liability Directive of EEC, 1985. But in ASEAN level, there is no specific legal instrument relating to product liability. ASEAN should regulate Agreement on defect products because ASEAN is embarking on building an ASEAN Economic Community (AEC) by 2015, which will be a single market and production base. If it has no implement legal instrument as product liability in the ASEAN region, it is to hinder the free flow of goods. Therefore, ASEAN is necessary to adopt regional agreement as product liability.
Mon Mon Kyaw