As the holidays approach and everybody gets ready for some time off, family gatherings, the lure of special discounts in festive shops – and perhaps the promise of exciting gifts under a Christmas tree – you may find that something you purchased as a bargain or special gift has either not delivered on its function or carries a defect that may even prove dangerous to the user.
The ‘silly season’ as we call it, has two aspects that often lead to unfortunate circumstances for consumers:
1) there is a buying frenzy and we don’t look too closely at the product we’re purchasing
2) retailers see it as a time when they can offload cheap or old stock at lower prices.
In both instances, we can end up with goods that are either not what they promise or harmful in some way.
In situations where you are unable to obtain fair recompense from the retailers or manufacturers, and depending on the seriousness of the case, you are entitled to take the matter further by lodging a Product Liability case.
A product liability lawsuit arises when the producer, importer, distributor and/or retailer of a defective product is held responsible because that product caused harm to the user. It doesn’t matter whether it’s a breast implant, joint replacement, child’s toy, brake pad, tobacco product, or hairdryer.
The introduction of the Consumer Protection Act in 2008 has dramatically changed these types of lawsuits by eliminating the fact that you had to prove negligence through the application of a no-fault principle to all goods supplied on or after 24 April 2010. However, you must still be able to prove a link between the defective goods and the harm suffered. And harm suffered can be as serious as the following:
• past and future medical expenses resulting as a direct consequence of negligence regarding the product or product defects
• past and future loss of earning
• general damages, pain and suffering
• support loss, in the case of the death of the breadwinner.
What is the Consumer Protection Act?
The Consumer Protection Act is most pertinently applicable to Product Liability claims. It exists amongst others, to:
• promote a fair, accessible and sustainable marketplace for consumer products and services
• establish national norms and standards to ensure consumer protection
• make provision for improved standards of consumer information
• promote responsible consumer behaviour
• promote a consistent legislative and enforcement framework, related to consumer transactions and agreements.
Remember, you have the right to make a transaction in good faith – and to fair recompense if the product or service does not deliver on its promise.
The Nine Consumer Rights
There are nine basic consumer rights. Whenever you purchase a product or pay for a services you are a consumer – and in each transaction you need to know your rights and responsibilities. Here are your rights:
• Right to Equality in the Consumer Market and Protection Against Discriminatory
Marketing Practices
• Right to Privacy
• Right to Choose
• Right to Disclosure of Information
• Right to Fair and Responsible Marketing
• Right to Fair and Honest Dealing
• Right to Fair, Just and Reasonable Terms and Conditions
• Right to Fair Value, Good Quality and Safety
• Right to Accountability from Suppliers
We suggest you keep a printout of these and refer to them at any point in an engagement that you feel is not going to your satisfaction or where you may need to return goods and request replacement or refund. Be forewarned and forearmed.
At Simpsons we specialise in Product Liability claims. We are a well-established, dynamic firm with impeccable standards and the expertise, track record and tenacity to ensure justice in all our cases. The Consumer Protection Act is there precisely to protect you – and we work on a highly personalised and ‘no win/no fee’ professional basis to see it applied correctly and fairly to each case we handle.
Find out more about us at: www.simpsons.co.za
