In terms of Section 61 of the Consumer Protection Act, a consumer may claim damages from any Supplier in the supply chain if a product supplied is unsafe, defective, or there is an inherent risk of possible damages in the product supplied that the consumer has not been made aware of. The time that such a claim may be instituted is three years when such damages occurred or within three years from the date that the consumer is made aware of such a potential claim for damages.
The damages for which a Supplier may be held liable in this Act are the death, illness, or injury to any person. This also includes any loss of, or physical damage to, any property and any economic loss that results from such harm.
The Supplier’s liability will be limited if:
- The Consumer was informed in a suitable manner of the risks of the goods or services supplied;
- The Supplier provided warning signs on a product, and another supplier in the supply chain discarded/altered such signs;
- The Supplier taking into regard their specific function in the supply chain, didn’t know or could have known that the product is either dangerous or defective; and
- The product is being supplied in a specific manner because of public regulations.
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