ConsumerTalk with Wendy Knowler

What happens when your brand new heater erupts, or worse? Product liability 101

Consumer journalist Wendy Knowler helps shed light on the rights of consumers when dealing with personal injury or damage to property caused by faulty products.

Product liability is an area of law in which manufacturers, distributors, suppliers and retailers are held responsible for the injuries their products cause.

Read: At own risk! What you need to know before signing that disclaimer

The Consumer Goods and Services Ombudman (CGSO) has confirmed an increase in the number of product safety complaints against manufacturers.

Personal injury law expert Kirstie Haslam explains that electrical items, especially cellphones, are the top products South African consumers complain about.

Haslam says that consumer law holds all points of the supply chain legally responsible for the safety of products.

Defective oil heater

Cape Town resident Muriel Albertze shared the story of how she bought a brand new Mellerware Nevada 11 fin oil heater from Takealot, which ruptured and caused damage to her household property.

Since Knowler took on Albertze's complaint, heater manufacturer Creative Housewares has undertaken to recall the defective products.

Albertze will be refunded for the cost of the heater and damage to her property by the manufacturer.

Retailer Takealot has also offered the complainant extra credit as a gesture of goodwill.

The person that you paid your money to is responsible for the recourse. The retailer must take responsibility.

Wendy Knowler, consumer journalist

According to Haslam, a complainant has grounds for a legal claim if they can prove their injuries are caused by a product.

She explains joint and several liability claims and how it works in court.

As a general rule, you want to include all parties involved in the manufacture and supply of the defective product.

Kirstie Haslam, a partner at DSC Attorneys specializing in personal injury law

Take a listen to the informative discussion and case study:

Got a consumer case you need help resolving?

Email: consumer@knowler.co.za, put Cape Talk in the subject line, followed by the issue e.g. cellphone contract dispute.


Recommended

by NEWSROOM AI
Read More
ADT to pay up R29k for items stolen when guards were on duty after CT house fire

ADT to pay up R29k for items stolen when guards were on duty after CT house fire

Personal belongings were stolen from this Newlands home overnight in May while Fidelity ADT officials were apparently on guard.

Woolies pilots smart recycling machines at two CT stores

Woolies pilots smart recycling machines at two CT stores

Retailer Woolworths introduced a new recycling machine at its Palmyra Junction store last month. Its V&A Waterfront store is next.

When it comes to 'double debits', rely on the card machine not the bank SMS

When it comes to 'double debits', rely on the card machine not the bank SMS

Bank SMS notifications can be misleading when used as proof of transactions, says consumer journalist Wendy Knowler.

'It's time for SA Post Office to declare its incapacity' - complaints stream in

'It's time for SA Post Office to declare its incapacity' - complaints stream in

The Post Office says it has attempted to alleviate the backlog by redistributing international mail to other sorting centres.

You're unlikely to find appliance spares eight years after buying - Hirsch's CEO

You're unlikely to find appliance spares eight years after buying - Hirsch's CEO

For how many years should manufacturers or retailers keep spare parts after you have bought a product? ConsumerTalk investigates.

Tips on how to dodge dreaded telemarketers, spam calls and robocalls

Tips on how to dodge dreaded telemarketers, spam calls and robocalls

Consumer journalist Wendy Knowler shares advice on spam call blocking services and what the law says about unwanted telemarketing.

Popular articles
'They must release you, we want you outside' Minister Mokonyane tells Omotoso

'They must release you, we want you outside' Minister Mokonyane tells Omotoso

Nomvula Mokonyane tells rape accused Timothy Omotoso that they must release him as he is wanted outside.

[WATCH] Can you do the Thuso Phala and Vosho as well as this little boy?

[WATCH] Can you do the Thuso Phala and Vosho as well as this little boy?

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

Cape Town loses millions in public transport strikes and damages

Cape Town loses millions in public transport strikes and damages

Current strikes and damage to infrastructure have a negative impact on business in the city where people rely on public transport.

Vavi disputes government's claim of exorbitant salary bill

Vavi disputes government's claim of exorbitant salary bill

Saftu secretary general Zwelinzima Vavi says minister's figures are wrong and another way to limit poor from getting services.

CT council to decide on charging De Lille following new forensic report

CT council to decide on charging De Lille following new forensic report

The Bowman Gilfillan report, yet to be made public, found that De Lille allegedly failed to report tender corruption to council.