My friend visited a convenience store in order to buy a cold drink. She decided to buy a can of soda. Once she opened it and took a few sips of the drink, she immediately spat it out, as a result of some weird taste. there was a bad smell coming from it. She decided to empty the drink into a clear glass and was horrified to see some decaying bug in there. My friend later had upsetting health issues, after having taken part of the contaminated soda.
Is the manufacturer of the soda company liable for causing health hazards to my friend? Will she have to prove her damage? Can she claim compensation from manufacturer?
In the law of products liability, a manufacturing defect is a defect in a product that was not intended. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be.
In such a case the consumer can file a product liability claim against a manufacturer if a manufacturing defect in their product causes them injury.A serious mistake may make the product dangerous to its eventual consumers
Regardless of any contractual limitations of liability, if a product or any of its component parts are defective its manufacturer may be liable for damage under the Consumer Protection Act (CPA) or the common law of negligence.An action under the CPA or for negligence can be brought for death, personal injury and damage caused to private property as the result of a product defect.Therefore, according to the scenario mentioned by you, your friend could file a petition for damage cause before the Consumer Court mentioning the negligent act of the manufacturing unit to check the quality of the product before processing it for consumption by the consumers.