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PRODUCT LIABILITY

PRODUCT LIABILITY

If you have purchased a product and you have either sustain injuries or your property has been damaged (or both) as a result of a faulty product, you may be eligible to seek compensation under an area of law called product liability.

You can get compensated from the store/retail shop that that sold you the product and/or you can seek compensation from the manufacturer that made the item. The strength of your claim will depend on whether the product came with an express warranty or a guarantee by the manufacturer. Even if the product did not come with any warranty, you may still be entitled to compensation.

Under the Sale of Goods act, stores have three legal obligations to their customers. First, stores are legally required to sell products that are suitably fit for their purpose, meaning the product has to work the way it has been portrayed, and in a way that any reasonable person would expect it to work. Second, if you bought the product based on a description, the good must correspond to such a description. This means there should be no scratches, or other visual inadequacies. Third, the goods must be fit to be sold.

It is also very important to note that consumers have ab obligation to use the products properly. This means that you may be prevented from seeking compensation if you contributed to the injury you sustained. For example, you cannot intentionally use shampoo on you face in a way that lets it get into your eyes and then seek compensation from the manufacturer.

If you have been injured, the first step would be to write a letter to the store explaining the problem with the product and the injuries that you have sustained because of the defect. Next, you should ask for specific compensation from the store, depending on your injury (for example a refund). If the store refuses to compensate you, the recourse may be to start a civil lawsuit claiming negligence. For more rights as a consumer, you can contact the Ministry of Government and Consumer Services.

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