Introduction
Some goods sold in the market may be dangerous if they are used without proper knowledge or precautions. Consumers must therefore be informed about any risks associated with such goods.
The Consumer Protection Act allows a complaint when a trader fails to inform the consumer about the hazardous (dangerous or risky) nature of goods.
Meaning / Definition
The Consumer Protection Act does not provide a specific definition of hazardous goods. In ordinary language, hazardous goods refer to goods that may be dangerous or risky to life, health, or safety.
A consumer dispute may arise when:
- a trader sells goods that may be hazardous, and
- the trader fails to inform the consumer about the risks involved in using those goods.
The purpose of this rule is to ensure physical safety of consumers.
Persons involved in bringing goods to the market, such as:
- manufacturers
- suppliers
- exporters
- importers
- retailers
must ensure that the goods remain safe during handling, storage, and sale.
Consumers must also receive clear instructions about proper use and warnings about possible risks.
Modes or Types
Failure to Inform About Risks in Hazardous Goods
A complaint may arise when a trader does not inform the consumer about the dangers associated with goods.
Consumers must be given proper safety instructions and warnings about possible harm.
Providing Hazardous Services
A consumer dispute may also arise when a person:
- provides a service that is hazardous or likely to be dangerous to life or safety, and
- knows that the service may cause harm.
In such cases, offering the service itself may create liability under the Consumer Protection Act.
Distinction / Comparison
| Basis | Hazardous Goods Without Warning | Properly Informed Hazardous Goods |
|---|---|---|
| Information provided | No warning or safety instructions | Clear warning and safety guidance provided |
| Consumer awareness | Consumer unaware of risks | Consumer informed about risks |
| Liability | Trader may be liable under the Act | Liability may not arise |
Practical Example
A consumer buys an insecticide from a shop. The seller does not inform the buyer that touching the insecticide with bare hands can cause skin problems.
While using the product, the consumer touches the insecticide and develops a skin condition.
Since the seller failed to warn the consumer about the risk, the seller may be held liable under the Consumer Protection Act.
Summary
- Hazardous goods are goods that may be dangerous or risky to life or health.
- Traders must inform consumers about the risks associated with such goods.
- Consumers must also be given instructions for safe and proper use.
- Failure to provide warnings or safety information can lead to a consumer complaint.
- Hazardous services may also lead to liability when the provider knows the service may harm consumers.
- The purpose of this rule is to protect the safety and health of consumers.