Product liability claims arise under the Consumer Protection Act (CPA) Section 61 - strict liability for harm caused by unsafe goods, defects, or inadequate warnings. Claims can be against the producer, importer, distributor, or retailer. Unlike traditional delict, you don't need to prove fault - only that the product was defective and caused the harm. Claims include burns from appliances, injuries from vehicle defects, and food poisoning.
When to hire a product liability attorney
- You were injured by a consumer product (appliance, food, car, cosmetic).
- A product caused property damage (fire, flood, corrosion).
- A warning label was inadequate or absent.
- A recall has been issued for a product that harmed you.
- You are facing a CPA claim as a supplier.
What to expect
Your attorney identifies the proper defendant(s) in the supply chain, preserves the product and documentation, engages engineering/scientific experts, and quantifies damages. Section 61 strict liability is powerful - the only defences are that the defect didn't exist when supplied, it was developed after supply, or a risk was scientifically unavoidable at the time.
Typical fees
Contingency arrangements are common (25% of award + disbursements). Complex product matters can require R200,000+ in expert fees which are recoverable on success.
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