Product Liability

  • Product Liability Law
  • Adjudication
  • Contract Law
  • Product Liability Law

Latest News


June 22, 2018

THE LIABILITY OF THE ARCHITECT IN THE SOUTH AFRICAN LAW   McKenzie’s “Law of Building and Engineering Contract and Arbitration 7th Edition,... Read more

Newsletter Launch

January 22, 2012

Register for our newsletter by sending us your name, Company Name and email address to stay updated with the latest... Read more

New Website Launch

January 22, 2012

Markram Incorporated Attorneys have recently launched a fresh new online presence. It is now even easier to contact us or... Read more

Engineering News - The Future of the Engineering Sector Seems Bleak

June 25, 2012

Engineering News recently reported that only 105 000 out of 496 000 of last year’s matriculants are able to pursue... Read more

Medical Law - Rapid Increase of Medical Lawsuits in Gauteng

June 7, 2012

According to a News24 report, dated 4 June 2012, the Gauteng Health Department ('the Department') has paid R11.6 million to... Read more

Medical Law - Risks associated with practising Obstetrics

June 8, 2012

Doctors are reluctant to specialise in Obstetrics due to the constant threat of being sued and the exorbitant cost of... Read more

Medical News - The effect of the Consumer Protection Act on Medical Professionals

June 15, 2012

According to a Business LIVE report dated 01 May 2012, a 2011 study by the Professional Provident Society (PPS) shows... Read more

Construction Law - Labour unrest in construction – who bears the risk?

February 5, 2013

The Medupi power station project will no doubt see claims for an extension of time for completion and claims for... Read more

Construction - Medupi Unit 6 Pressure Test to Start

March 29, 2012

EngineeringNews reports that Hitachi Power Africa has confirmed that the hydrostatic pressure test of the Medupi power station's Unit 6 boiler... Read more

Construction - The Current State of the Industry

April 2, 2012

The Building Research Strategy Consulting Unit of business consultancy BMI estimates that investment in construction and building in South Africa... Read more

Construction - New Dam Construction in the Eastern Cape

June 8, 2012

EngineeringNews reports that the construction of the R200-million Ludeke dam, which formed part of the first phase of Umgeni Water’s... Read more

Company Law - Winding-up of a Close Corporation - The New Companies Act

August 8, 2012

LAWS REGULATING WINDING-UP PROCEEDINGS The winding-up of a Close Corporation (“CC”) is regulated by sections 66 to 81 of the Close... Read more

Product Liability

Product Liability risks have seen significant changes as a result of the introduction of the final stage of the Consumer Protection Act, 68 of 2008, which came into operation on 31 March 2011.

The main objective of the above Act is to protect consumers from hazards and to provide effective remedies for consumers who buy defective or unsafe products.

The Act opens new avenues for consumers to institute product liability claims against producers, importers, distributors, retailers or installers of goods. Such claims may arise from the supply of unsafe goods, product failures, defects in goods, and failure to provide adequate instructions or warnings to consumers about hazards arising from or associated with the use of the product.

Product liability claims may now be instituted by a variety of persons, not only the person who has suffered direct harm as a result of the product, and there is no restriction on the kind of loss that may be recovered.

The wide application of the Act holds serious risks for all persons or businesses in the supply chain. These risks include limited opportunity to raise traditional defences as the Act contemplates “strict” liability.  It is therefore no longer necessary for consumers to prove negligence or fault, and consumers may hold any person or business in the supply chain liable for any damage suffered.

Our client base includes local and international insurers and underwriters exposed to product liability risks carried by producers, importers, distributors and retailers in the chemical, construction, engineering, industrial, mining and quality assurance and certification sectors.

Some of our recent exposure includes:

  • Acting for a chemical manufacturer and supplier and its insurer in response to a claim related to the alleged failure of a six hectare concrete warehouse floor (claim value of R 17 million); and
  • Acting for a chemical manufacturer and supplier in response to a claim concerning alleged product deficiencies incorporated into catalyst products used in the automotive industry (claim value of R 18 million).