If you have been injured and have suffered damages because of a product that you have bought or used from a manufacturer, wholesaler, service provider, supplier, retailer or distributor of a particular product in South Africa, then you can submit a product liability claim.
The Consumer Protection Act of South Africa was introduced specifically to protect consumers from hazardous or defective products, whether the products are imported or have been manufactured in South Africa. You don’t have to prove negligence on the part of the supplier. The supplier must prove that the defective product didn’t cause the injury and subsequent damages suffered.
But to submit a product liability claim, your injuries must directly be related to the usage of the product. You can claim damages in respect of the current and future medical expenses for treatment of the physical and/or psychological damages that you have suffered. This includes expenses related to follow-up medical treatments, therapy and aftercare. You can also claim damages for the current and future loss of income. If you have suffered an extensive injury leading to absenteeism from work, in order to receive treatment, or are unable to maintain the job or way that you have earned a living because of the injury, then you are entitled to compensation for the loss of income.
If the person responsible for the financial care of you or your children suffered the injury and can no longer provide financial support, then you can claim damages for the loss of support. You are also entitled to claim damages for the pain and suffering as the result of the injuries, such as psychological trauma suffered because of the injury. Finally, you can also receive compensation for the legal costs related to pursuing compensation for damages suffered. This means that the defending party must pay for the expenses related to the legal steps taken to get restitution for damages suffered.
What the Process Entails
To launch a product liability claim, you must have proof of payment for the product and must have proof of the inferiority or defect of the product. You also need to have medical records and receipts for costs related to the medical expenses for the treatment of the injuries. The CPA will review the claim and investigate your claim through a tribunal.
The tribunal will first attempt to reach a settlement between you and the supplier of the defective product. It will be the supplier’s responsibility to prove that the product was not defective, was not used correctly, that your injuries were not caused by the defect, or that the cause of defect was not the result of the actions and responsibilities of any party in the entire product supply chain. This will be needed on the defendant’s part, should a settlement not be reached and the case is then presented in court.
First Step
Contact our legal team to help you determine the merits of your product liability claim and to assist in launching the claim with the CPA.
