| 1) |
Except to the extent contemplated in subsection (4), the producer or importer, distributor or retailer of any goods is liable for any harm, as described in subsection (5), caused wholly or partly as a consequence of— |
| a) |
supplying any unsafe goods; |
| b) |
a product failure, defect or hazard in any goods; or |
| c) |
inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, |
irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be.
| 2) |
A supplier of services who, in conjunction with the performance of those services, applies, supplies, installs or provides access to any goods, must be regarded as a supplier of those goods to the consumer, for the purposes of this section. |
| 3) |
If, in a particular case, more than one person is liable in terms of this section, their liability is joint and several. |
| 4) |
Liability of a particular person in terms of this section does not arise if— |
| a) |
the unsafe product characteristic, failure, defect or hazard that results in harm is wholly attributable to compliance with any public regulation; |
| b) |
the alleged unsafe product characteristic, failure, defect or hazard— |
| i) |
did not exist in the goods at the time it was supplied by that person to another person alleged to be liable; or |
| ii) |
was wholly attributable to compliance by that person with instructions provided by the person who supplied the goods to that person, in which case subparagraph (i) does not apply; |
| c) |
it is unreasonable to expect the distributor or retailer to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to that person’s role in marketing the goods to consumers; or |
| d) |
the claim for damages is brought more than three years after the— |
| i) |
death or injury of a person contemplated in subsection (5)(a); |
| ii) |
earliest time at which a person had knowledge of the material facts about an illness contemplated in subsection (5)(b); or |
| iii) |
earliest time at which a person with an interest in any property had knowledge of the material facts about the loss or damage to that property contemplated in subsection (5)(c); or |
| iv) |
the latest date on which a person suffered any economic loss contemplated in subsection (5)(d). |
| 5) |
Harm for which a person may be held liable in terms of this section includes— |
| a) |
the death of, or injury to, any natural person; |
| b) |
an illness of any natural person; |
| c) |
any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and |
| d) |
any economic loss that results from harm contemplated in paragraph (a), (b) or (c). |
| 6) |
Nothing in this section limits the authority of a court to— |
| a) |
assess whether any harm has been proven and adequately mitigated; |
| b) |
determine the extent and monetary value of any damages, including economic loss; or |
| c) |
apportion liability among persons who are found to be jointly and severally liable. |
Transfer Duty Act, 1949
