Liability

Do:

  • notify Chadwicks as soon as possible
  • co-operate with the insurer or their appointed loss adjustor
  • record all the details of the incident while they are still fresh in your mind and take photographs of the scene of the accident where possible
  • take the names of all witnesses, particularly independent witnesses
  • lodge a police report immediately
  • forward any letter of demand, writ or summons to Chadwicks immediately
  • take all reasonable steps to prevent further loss or damage
  • remember that insurers will only respond to losses that are covered, where you are legally liable in terms of South African law
  • remember that where the insurer responds to losses, they may decide to defend the matter in court as distinct from the settling the third parties claim out of court

Do not:

  • settle the Third Parties loss yourself as this will prejudice your claim
  • admit liability whether impliedly or expressly as this will prejudice your claim
  • discuss any settlement with the Third Party - refer all third party correspondence or interactions to Chadwicks immediately
  • expect your insurers to settle the Third Parties loss, where the Third Party is important to your business
  • expect insurers to settle the Third Parties loss based on sympathy or as a public relations gesture
  • attempt to defend the claim yourself or via your appointed legal advisor as this will prejudice your claim

 

 
 

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Strict Product Liability on the cards

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The new Consumer Protection Bill, which has now been enacted, will have far reaching consequences for South African business in that Section 68 imposes Strict Liability on producers, distributors or suppliers to supply or manufacture goods free of defect...  


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