Product Liability in South Africa – Know Your Legal Rights
Consumer protection in South Africa was given a welcome boost in 2010. The long awaited Consumer Protection Act provided legitimacy and a gloves off approach to product liability litigation, with manufacturers, retailers and suppliers carrying the burden of strict liability for the first time ever.
With the legal backing of experienced attorneys in Cape Town specialising in a bouquet of legal services including product liability, consumers can claim for loss or damages resulting from defective, harmful or incorrectly labelled merchandise.
What is Product Liability?
If any faulty, hazardous or inadequately labelled product causes loss, injury or damages at the time of purchase or during a six month compulsory warranty period, the consumer - on the advice of product liability attorneys in South Africa - may lay a claim against the manufacturer and/or supplier of the product.
The aim of the new legislation is to provide greater legal clout for consumers. Burden of proof has shifted from the purchaser to the manufacturer, retailer and/or supplier, who have to prove the manufactured article was not defective or harmful at the time of purchase or for the duration of the six month mandatory warranty period.
What Products are covered by the Consumer Protection Act?
The revised legislation provides legal recourse against virtually any product which exhibits a design, manufacturing or marketing flaw, including a failure to warn against inherent dangers.
Product liability now extends from new or pre-owned motor vehicles, power tools and equipment to health care products, computer hardware and software, food, books, clothing, music, beverages, pharmaceuticals and countless other tangible goods.
What and How Much Can You Claim?
With product liability, the sky is the limit. There is no restriction to the amount you can claim should a product be deemed to have caused:
-death, illness or injury
-loss or physical damage to property
-financial loss arising from any of the above
What are Your Legal Obligations?
Although strict liability has shifted to manufacturers and suppliers, the consumer is still required to prove:
- he or she did in fact suffer the stated loss or damages
-loss or damages were caused by the product
-the product was unsafe, or experienced a product failure, defect or hazard
-the merchandise was supplied by the defendant and, in the case of a hazardous product, the defendant failed to supply the requisite warnings or instructions
Contact Experienced Product Liability Attorneys
If you’ve suffered harm, financial loss or damages as a direct consequence of a dangerous or defective product, contact specialist product liability attorneys today to find out whether you have a legitimate claim.
Cape Town attorneys with a long and successful track record in a variety of legal services including product liability are DSC Attorneys. Browse their website to learn more about the law firm, the quality legal services they provide or to contact them online for a free first consultation!
