Injuries Caused by Defective Products
The consumer’s new rights regarding the remedying of defective goods or services (in terms of the Consumer Protection Act) constitute a welcome development for consumers. But what are the consumer’s rights where, apart from the defect, and the cost related to the defect itself, the defective goods cause the consumer injury (or even death) or other disease?
In terms of section 61 of the Consumer Protection Act a consumer who has suffered harm (including damage and injury) as a result of unsafe, defective or hazardous goods or of any product failure, is entitled to claim damages from the supplier and other parties in the supply chain without having to prove “negligence” on the part of the supplier or any related parties.
Proof of negligence on a supplier’s part is often dependant on the availability of information relating to the manufacturer’s internal processes. Such information may not be forthcoming until very far into the litigation process. Given the difficulty of obtaining proof of negligence, and the complexity and cost of claiming damages from a manufacturer for product related harm, the relaxation of the negligence requirement is an important advantage to the consumer who wishes to claim compensation for harm caused by defective goods.
In terms of section 61 of the Consumer Protection Act a consumer who has suffered harm (including damage and injury) as a result of unsafe, defective or hazardous goods or of any product failure, is entitled to claim damages from the supplier and other parties in the supply chain without having to prove “negligence” on the part of the supplier or any related parties.
Proof of negligence on a supplier’s part is often dependant on the availability of information relating to the manufacturer’s internal processes. Such information may not be forthcoming until very far into the litigation process. Given the difficulty of obtaining proof of negligence, and the complexity and cost of claiming damages from a manufacturer for product related harm, the relaxation of the negligence requirement is an important advantage to the consumer who wishes to claim compensation for harm caused by defective goods.