Injured by an unsafe product? You may be entitled to compensation

Consumers injured by unsafe or defective products may be able to claim compensation without having to prove that a manufacturer, importer, distributor, or retailer was negligent, lawyers say.

The protection comes under s ection 61 of the Consumer Protection Act, which can hold businesses in the supply chain liable when defective, unsafe, or hazardous goods cause recognised harm.

Personal injury specialist Kirstie Haslam of De Vries Shields Chiat Attorneys (DSC) said consumers do not have to prove negligence before pursuing a claim if an unsafe or defective product caused them harm.

“Section 61 means that if an unsafe or defective product causes you harm, you may be able to claim compensation from those responsible for putting that product into the market without first having to prove that they were negligent,” she said.

But this does not mean every injury involving a product will automatically result in compensation.

TimesLIVE recently reported on a crackdown at Joburg’s China Mall where authorities seized unsafe electrical plugs, baby car seats and cosmetics that did not comply with South African requirements.

The raid highlighted the risks consumers face when products that do not meet safety standards make their way on to the market.

Haslam said the Consumer Protection Act could hold producers or manufacturers, importers, distributors and retailers liable, depending on the circumstances.

“This means consumers may be able to pursue a claim against businesses involved in putting the product into the market, rather than having to prove that one particular person or company was negligent,” she said.

“Consumers should preserve evidence relating to the product and the incident if they are considering a claim,” she said. “This could include the product itself, proof of purchase, photographs, packaging, serial or batch numbers, recall notices, medical records, receipts and any other evidence relating to the incident.”

This evidence can become particularly important when a product has been recalled.

“A recall does not automatically prevent an injured consumer from seeking compensation,” Haslam said.

“For someone who has already been injured, documenting what happened can be just as important as reporting the product,” she said.

Haslam advised consumers to seek medical attention and make sure their injuries are properly documented.