If you're dealing with the consequences of an unsafe or faulty product, it's important to be aware of product liability laws in South Africa. Product liability refers to the legal responsibility held by manufacturers, distributors, suppliers, retailers, and others involved in making products available to the public for any injuries caused by those products.

What is a Product Liability Claim?

A product liability claim is a legal action seeking damages for injuries caused by defective or unsafe products. These claims can be based on contractual law, delict (tort) law or statutory provisions that outline liability for defective products.

The Consumer Protection Act and Product Liability

The Consumer Protection Act (“CPA”) places an obligation on the entire supply chain to ensure that all products are safe for their intended uses. Section 61 of the CPA specifically holds producers, importers, distributors and retailers liable for any harm caused by defective goods. Producers, in particular, have strict liability for defective or unsafe merchandise.

Under the CPA, the burden of proof no longer falls on the consumer to demonstrate fault or negligence in a product liability claim.

Types of Compensation for Product Liability Claims

If you've suffered injuries due to a defective or dangerous product, you may be entitled to claim compensation for various damages, including:

• Current and future medical expenses

• Current and future loss of earnings

• General damages for pain and suffering

• Legal costs associated with your product liability claim

What to Do if You Have a Product Liability Claim

While the Consumer Protection Act clearly outlines consumer rights, product liability claims can be complex. Each claim must be assessed based on its unique circumstances. It may require a thorough investigation into the product's origin and supply chain to identify the appropriate defendant(s) in a product liability claim.

Additionally, conducting product testing may be necessary to demonstrate that the product failed to meet the required standards set by the South African Bureau of Standards (SABS), resulting in harm. Successful product liability claims often rely on expert testimony from specialists in product design and manufacturing.

For practical legal assistance with product liability claims, Barter McKellar's commercial litigation attorneys specialize in this field and can provide the guidance you need.