Frequently Asked Questions (FAQ) About Product Liability in Zimbabwe

1. What is product liability?

Product liability is the legal responsibility of a company or manufacturer to compensate people who are injured or are disadvantaged by a defective product.

2. What law governs product liability in Zimbabwe?

The law which governs product liability in Zimbabwe is the Consumer Protection Act [Chapter 14:44] (‘the CPA’) and the common law of Delict.

3. What does strict liability mean?

Strict liability is a legal concept which holds individuals accountable for something even without intentions.

4. What does the Consumer Protection Act say about liability?

The CPA under Section 16 states that product liability for the damaged goods lay on the producer of the product, anyone who put their name or trade mark or a distinguishing mark in relation to a product as a producer and anyone who has imported the product or the distributer/ retailer.

5. Against whom is a claim for damages?

Claims for damages are made against the manufacturer, retailer, importer or anyone who placed a distinguishing mark on a product as producer of the product.

6. What damages can l claim for?

You can claim for damages such as medical expenses, pain and suffering, emotional distress, loss of consortium etc.

7. What must be proven in a product liability case?

In a product liability case one must prove that the product was defective, the product was bought from the manufacturer or retailer liable, the defect caused harm and that one suffered harm due to the defective.

8. Where in Zimbabwe are product liability cases decided?

In Zimbabwe product liability cases are decided either in the Magistrates Court or High Court depending on the monetary value of the claim. The cases may also be resolved under alternative dispute resolution if both partied agree or choose to.

9. How much can l be awarded in damages?

You can be awarded in damages any amount as long as there is proof for each claim. For example, if claiming for medical expenses there must be a receipt or bill of medical expenses incurred, this was highlighted in the case of Kaplin v Naison HCC 37/24. Also you must consider the monetary jurisdiction of each court.

10. Why might my product liability case fail?

Your product liability case might fail due to some of the following reasons;

• Lack of a clear product design.
• Harm was caused by misuse or not following the manual in using the product.
• If the user was warned and knew of the defect but used it anyway.
• If the product was altered after leaving the manufacturer.

11. Is there a time frame in which to bring a product liability case?

In Zimbabwe a timeframe in which one can bring up a product liability case is known as prescription which is 3 years.

12. Product manufacturers spend millions defending liability cases- is it worth going to trial?

The measure of whether going to trial for a product liability case is “worth it” depends on the case mainly the strength of evidence against the manufacturer, cost of litigation and extent of harm caused.

13. Do I need to retain an attorney?

Yes, to retain an attorney in a product liability case is advisable so that you have proper guidance before instituting any action and safe keeping of evidence.