Implementation of Product Liability and Strict Liability Principles in Consumer Protection

Abstract

The development of industrialization resulted in greater risks and a more complicated cause-and-effect relationship. This instrument is needed because the regulations in the field of production methods (quality control techniques) and trade in goods are not sufficient to prevent or avoid and protect consumers who suffer losses, either in the form of defects or damage to the consumer's body, or damage to the consumer. Other property (property damages) and damage related to the product itself (pure economic loss). So that in addition to regulations regarding how to produce, there is still a need for legal instruments that specifically guarantee the acquisition of compensation for consuming a product, which is known as the product liability law. Product liability is the responsibility of business actors for products they have brought into circulation, which cause losses due to defects inherent in the product. The main purpose of product liability law which implements absolute responsibility, is to ensure that the legal consequences or consequences of a product that results in losses for consumers are borne by the person or party who has a moral responsibility to bear the loss. In addition to the principle of product liability, to provide consumer protection, the principle of strict product liability can also be applied, which is the principle of responsibility that is not based on fault aspects (fault negligence) and the contractual relationship (privity of contract) but is based on product defects ( objective liability). The main purpose of this principle is to guarantee the legal consequences or consequences of a product that causes harm to consumers. In this connection, goods and service business actors should be responsible for being marketed to protect consumers.