Product Liability
Manufactured goods and commodities bring, within the reach of most consumers, benefits such as lower prices, convenience, knowledge, nutrition, health and utility. But the fruits of mass production are sometimes poisoned.
A percentage of products will cause severe or disabling injury, disease or death to consumers. Injury due to defective products is not typical of manufactured goods. Such incidents, nevertheless, occur in a sufficiently large number of cases to constitute a major concern for many consumers and manufacturers.
While some consumers may abuse the law and bring spurious or exaggerated claims, manufacturers and government organs against which consumer claims are brought typically strenuously defend all claims, even meritorious claims. The motives for this approach may vary from a desire to avoid liability to a desire simply to have the courts make an authoritative finding.
The Claimant who may be suffering continuing harm and deprivation is then required to wait patiently for compensation and to pursue such claims over many years in the courts and at a great cost.
While a judicial determination of liability has advantages such as certainty and (eventual) finality, it is unfortunately too seldom that one hears of cases where a supplier or government entity voluntarily admits liability in the early stages of a claim.
It appears as if the usual approach of defendants is to wear the consumer out and to hope that the consumer will eventually throw in the towel.
If the consumer seeks recoupment from the insurance this may also prove to be a daunting task.
The Consumer Protection Act has rightly eased the consumer’s position in bringing product liability claims against manufacturers and other suppliers but such claims are still fraught with difficulties.
The changes brought about by the Consumer Protection Act are welcome and will bring relief to some consumers who were previously without any feasible remedy.
A percentage of products will cause severe or disabling injury, disease or death to consumers. Injury due to defective products is not typical of manufactured goods. Such incidents, nevertheless, occur in a sufficiently large number of cases to constitute a major concern for many consumers and manufacturers.
While some consumers may abuse the law and bring spurious or exaggerated claims, manufacturers and government organs against which consumer claims are brought typically strenuously defend all claims, even meritorious claims. The motives for this approach may vary from a desire to avoid liability to a desire simply to have the courts make an authoritative finding.
The Claimant who may be suffering continuing harm and deprivation is then required to wait patiently for compensation and to pursue such claims over many years in the courts and at a great cost.
While a judicial determination of liability has advantages such as certainty and (eventual) finality, it is unfortunately too seldom that one hears of cases where a supplier or government entity voluntarily admits liability in the early stages of a claim.
It appears as if the usual approach of defendants is to wear the consumer out and to hope that the consumer will eventually throw in the towel.
If the consumer seeks recoupment from the insurance this may also prove to be a daunting task.
The Consumer Protection Act has rightly eased the consumer’s position in bringing product liability claims against manufacturers and other suppliers but such claims are still fraught with difficulties.
The changes brought about by the Consumer Protection Act are welcome and will bring relief to some consumers who were previously without any feasible remedy.