Injury from activity (201511-0005146) [2016] ZACGSO 5 (29 February 2016)

Injury from activity (201511-0005146) [2016] ZACGSO 5 (29 February 2016)

The CGSO found that there is no provision in the Consumer Protection Act or the Code that creates liability for injuries arising from activities or facilities supplied by a supplier, whether caused negligently or otherwise, in the context of this complaint. The supplier denied negligence and causation, and the dispute of fact regarding the cause of injury cannot be resolved on the papers. As an alternative dispute resolution agent, the CGSO lacks the jurisdiction and procedural capacity to resolve such factual disputes, which require oral evidence and expert testimony. Therefore, the complaint does not constitute grounds for a remedy under the CPA or Code, and the process must be terminated.

Citation
[2016] ZACGSO 5
Parties
Applicant: Complainant; Respondent: Warrior Company
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
29 February 2016
Case Number
201511-0005146
Procedural Posture
Alternative Dispute Resolution / CGSO Preliminary Assessment and Ruling
Outcome
CGSO process terminated; complainant advised to pursue the matter in court if so advised.
Judges
N Melville
Legal Topics
Consumer Protection Act, Personal Injury, Negligence, Liability of Suppliers
Alternative Dispute Resolution Delict Consumer Protection Act Personal Injury Negligence Liability of Suppliers

Case Brief

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Parties

Complainant

Applicant

Warrior Company

Respondent

Procedural Posture

Alternative Dispute Resolution / CGSO Preliminary Assessment and Ruling

Legal Issues

  1. 1 Whether the supplier's activity, specifically the floating tarpaulin, was the cause of the complainant's injury.
  2. 2 Whether the supplier is liable to compensate the complainant under the Consumer Protection Act or the Code.
  3. 3 Whether the CGSO has jurisdiction to resolve the dispute or if it should be referred to a court.

Ratio Decidendi

The CGSO found that there is no provision in the Consumer Protection Act or the Code that creates liability for injuries arising from activities or facilities supplied by a supplier, whether caused negligently or otherwise, in the context of this complaint. The supplier denied negligence and causation, and the dispute of fact regarding the cause of injury cannot be resolved on the papers. As an alternative dispute resolution agent, the CGSO lacks the jurisdiction and procedural capacity to resolve such factual disputes, which require oral evidence and expert testimony. Therefore, the complaint does not constitute grounds for a remedy under the CPA or Code, and the process must be terminated.

Court Disposition

CGSO process terminated; complainant advised to pursue the matter in court if so advised.

Orders

  • The CGSO process is terminated.
  • The complainant is informed that the matter may be more appropriately dealt with by a court of law.