To be held "strictly liable", what exactly does this
mean? The legal definition is "liability incurred for causing
damage to life, limb or property by a hazardous activity or
defective product, without having to prove that the defendant was
negligent or directly at fault". Now for the follow up
question, how is this relevant in the world of product
liability?
In 2003, the Supreme Court of Appeal dealt with the matter of
Wagener v Pharmacare Ltd, Cuttings v Pharmacare Ltd 2003 (2)
All SA 167 (SCA), an appeal from the Cape Town High Court.
This case dealt with the extent to which a manufacturer can be
strictly liable in delict for unintended harm caused by defective
manufacture of a product where there is no contractual privity
between the manufacturer and the injured person. In this case, the
appellants underwent a surgery, which required the administration
of a Regibloc injection, a local anaesthetic that was manufactured
and marketed by the respondent.
