Civil Liability to Nanotechnology Products: An Appraisal with Special Reference to Strict Liability
Nirmal Kanti Chakrabarti1, Arpita Mitra2
1Prof. Dr. Nirmal Kanti Chakrabarti*, West Bengal National University of Juridical Sciences, Kolkata, India.
2Dr.Arpita Mitra, School of Law, Kalinga Institute of Industrial Technology, Bhubaneswar, India
Manuscript received on May 16, 2020. | Revised Manuscript received on May 20, 2020. | Manuscript published on June 10, 2020. | PP: 673-679 | Volume-9 Issue-8, June 2020. | Retrieval Number: H6342069820/2020©BEIESP | DOI: 10.35940/ijitee.H6342.069820
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The present advantage of progress in terms of materials and their application is very much discernible in nanotechnology products. By using nanotechnology products there can be instances in which people will suffer harm and sometime death too. Some of these harm may be accidental and manufacturers may have no clue of it. However, in some cases it may happen that the producer or manufacturer knowingly release the products for economic benefits and undertook associated risks.In theoretical perspective strict liability focus more on the no fault theory rather than conduct or behavior of the manufacturers or the learned intermediaries. Thus, a manufacturer of nanotechnology product will be liable for distributing defective products directly to consumers or through retailers or distributors. At the same time the plaintiff must prove that the defect in question was the actual and proximate cause of injury and it incurred damages. In this paper an attempt has been made to examine critically the risks and civil liability, especially strict liability under Tort law of nanotechnology products.
Keywords: Civil liability, Nanotechnology, Strict liability, Tort.
Scope of the Article: Nanotechnology