When is a company liable when its goods cause you harm?

A company can be liable when its goods cause you harm but it is not an easy process to prove that it is indeed the product that caused a problem.

Section 61 of the CPA provides that producers or importers, distributors or retailers of any goods are liable for harm caused by the supply of unsafe goods, product failure, defective or hazardous goods. It also applies if the harm is the result of inadequate instructions or warnings given to the consumer.

The goods must also be good quality, in good working order, free of defects or hazards, useable and durable for a reasonable period having regard to the normal use and circumstances of their supply. The harm may arise from a product failure, defect, or hazard, according to the Consumer Goods and Services Ombudsman .Any loss of, or physical damage to any property, irrespective of whether it is movable or immovable.

The consumer wanted a refund of the amount she paid for the eye cream, as well as compensation for the damage to her face.

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