skip to content
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
post

Legal Protections For Consumers Dealing With Electric Vehicle Defects

- Advertisement -

Bharat Anand, Partner, along with Achint Kaur, Counsel, and Mukul Aggarwal, Principal Associate at Khaitan & Co, explore the legal protections available for faulty electric vehicles.

In India, the Electric Vehicles (EV) sector is projected to grow at a 45.5 per cent compounded annual rate from 2022 to 2030, with expected annual sales reaching 1.6 crore EVs by 2030. To manage the anticipated influx of EVs, it’s vital to address various risks, including safety and battery costs.

In terms of regulations, if a defective EV causes harm, the manufacturer or seller bears product liability, being responsible for compensating the consumer for any damage or inconvenience.

- Advertisement -

The Ministry of Road Transport and Highways (MoRTH) can enforce mass product recalls if a defect negatively impacts the environment, drivers, passengers, road users, or consumers; if the defect is reported to MoRTH; or if the product or component is faulty. To bolster EV safety, the Central Government has implemented technical standards such as AS-156 and AIS-038 (Rev 2), mandating tests for water immersion and thermal propagation and requiring smart battery management systems to prevent fires and overcharging.

These standards became mandatory from 1 October 2023 under the production-linked incentives and FAME II schemes to enhance human safety.

Globally, product liability laws in the EV sector are evolving. Courts are conducting detailed analyses to determine liability in cases involving autonomous or semi-autonomous vehicles, including those with artificial intelligence and IoT technologies.

For instance, demonstrating liability in high-tech automobiles often involves proving that a reasonable alternative design could have prevented the harm, a complex technical issue. In semi-autonomous vehicles, traditional negligence theories are used to establish liability, like determining if driver inattention contributed to the defect.

In a notable case in April 2023, a California court cleared Tesla Inc of liability in Justine Hsu versus Tesla Inc, ruling that the driver did not adhere to safety norms while using autopilot technology.

To improve EV safety, Indian companies can adopt several measures to protect their reputation and revenue. Developing a product liability strategy and a defence mechanism, including real-time performance logging and predictive battery maintenance, can help identify the source of damage. Conducting compliance assessments and periodic product risk management can proactively identify and address defects.

EV companies might also include safeguards in supply and distribution contracts, providing user instructions and warnings to outline customer responsibilities. These contracts can stipulate that products are provided ‘as is’ or ‘as available’ with limited warranties and excluding any implied warranties to the extent allowed by law.

These measures cover various aspects such as merchantability, fitness for a particular purpose, results obtained, indirect, consequential, incidental, special, or remote damages, and assume the risk, ensuring that the product’s suitability, safety, and performance meet intended requirements.

- Advertisement -
Aryaman Raghuvanshi
Aryaman Raghuvanshi
Aryaman Raghuvanshi is a Journalist at EFY. His passion is to explore the future of mobility, which gets him to cover latest technologies shaping the future of automobiles and EVs. But, at times he writes on broader technologies too. LinkedIn: https://www.linkedin.com/in/aryaman-raghuvanshi-2431b7153

Most Popular Articles

Industry's Buzz

Servotech Secures 2MW Solar Rooftop Project

0
The 2MW installation reinforces Servotech’s commitment to sustainable energy solutions and aligns with Indian Railways' green energy transition.  Servotech Renewable Power System Ltd. has secured...

India Halts $23 billion PLI Scheme, Seeks Alternatives

0
Due to underperformance, India plans to halt its $23 billion PLI scheme, which failed to meet manufacturing goals, despite success in sectors like mobile...

Chandrasekar Krishnamurthy Becomes Product Head At BorgWarner

0
To drive product industrialisation and competitiveness, BorgWarner appoints Chandrasekar Krishnamurthy as Global Director of Product Management. US-based BorgWarner PowerDrive Systems has appointed Chandrasekar Krishnamurthy...

DigiKey Renews KiCad Sponsorship

0
Through sponsorship and a donation match campaign, DigiKey helps drive critical feature enhancements and long-term sustainability for KiCad’s next-generation developments. DigiKey has reaffirmed its commitment...
Samsung, Chip plants

Samsung Faces $601M Penalty In India Over Tariff Evasion

0
Accusing Samsung of misclassifying components to dodge duties, India fines the tech giant $601 million for evading telecom import tariffs. The Indian government has...

Learn From Leaders

Anagh Ojha, Co-founder and CTO, Urja Mobility

“Distribution Infrastructure Must Become More Flexible Through Energy Storage Solutions And Digitalisation”- Anagh Ojha,...

0
For EV users and those in logistics, battery leasing is now a new norm. But what about their concerns regarding battery life, safety, and...
Rajasekar Elavarasan, Founder of Raana Semiconductors Private Limited

“We Aim To Become The First Company In India To Manufacture Solar-Grade Silicon Wafers...

0
When it comes to silicon wafer fabrication, techniques and their applications vary, along with a complex procedure of purity assessment. How an Indian startup...
This image has an empty alt attribute; its file name is Mr.-Anees-P-K-Director-Technical.jpg From Left to Right in the Image Mr. Anees P K - Director (Technical) Mr. C S Kailash - Director (Business) Mr. Akhil Joy - Director (IOT & Software)

“EVs Need Chargers To Grow, But Businesses Wait For Demand. We Aim To Bridge...

0
Something more than just plugging in, what happens when IoT enters the scene of EV charging? What challenges are shaping its future? In a...
Subhendu S Satpathy, CEO of Mokkomotto

“GaN Adapters Are Smaller, More Powerful, And More Efficient, Offering Up To 95% Efficiency...

0
Discussing electronics product designing, Subhendu S Satpathy from Mokkomotto, shares with EFY’s Nidhi Agarwal why they bet their future on GaN technology and how...
Sajan Pullikoti David from Amara Raja Electronics Limited

“We Are Considering Potential Mergers And Acquisitions For Future Growth” – Sajan Pullikoti David...

0
EFY’s Yashasvini Razdan engages in a conversation with Sajan Pullikoti David from Amara Raja Electronics Limited (AREL), the electronics manufacturing services arm of the...

Startups

MeitY, IISc Organise Roadshow On Semiconductor Ecosystem

0
To drive semiconductor innovation, featuring startups, VCs, and cutting-edge tech advancements, MeitY, IISc, and IITs is set to host Nano Electronics Roadshow in Bengaluru...
Startup Start Up, business motivational inspirational quotes, words typography lettering concept

DPIIT, Kyndryl Partner To Charge India’s Tech Startups

0
Joining forces, DPIIT and Kyndryl aim to boost India’s manufacturing and IT startup ecosystem, offering mentorship, AI expertise, infrastructure, and market access. The Department...
Drones

MeitY, DFI Launch National Drone Innovation Challenge

0
Offering ₹4 million in prizes and mentorship to student teams, MeitY and DFI unveil NIDAR, a national drone innovation challenge under the SwaYaan initiative....
ISRO SSLV

Indian Space Startups Eye Senior Talent, Taps Ex-ISRO Experts For Growth

0
Ushering in ecosystem maturity, India's space startups are attracting experienced professionals, including ex-ISRO scientists and business experts, to expand globally. India's space technology startups...
Utkarsh Kapoor and Rame Kachroo from ORIGHT

“Our Device Detects Milk Adulteration And Measures fat And SNF Content In About 40...

0
While in conversation with EFY’s Nidhi Agarwal, Utkarsh Kapoor and Rame Kachroo from ORIGHT discussed technologies that help increase transparency, improve efficiency, and ensure...