Rights lawyer ready to fight for consumers in listeriosis cases

HUMAN rights lawyer Richard Spoor is gearing for a fight with Tiger Brands over the listeriosis scandal that‚ to date‚ has claimed 183 lives.

Spoor believes Tiger Brands‚ one of the largest food manufacturers in the country‚ should be held accountable for failing to protect their consumers against the deadly disease.

The class action lawsuit could be the first under the 2011 Consumer Protection Act.

Reporters spoke to Consumer Protection Act lawyer Paul Esselaar about how a lawsuit could work. Esselaar gave advice to victims on how to build a strong case against Tiger Brands.

● It’s a first: Esselaar knows of no other class action under the Consumer Protection Act.

This act is unique in that consumers don’t have to prove the company that sold them the goods was negligent in making harmful goods;

● Act fast: Consumers should be as quick as possible to secure evidence that they bought polony as they need to prove they were harmed by a Tiger Brands product or prove where they bought it if they are going after a retailer who sold them it;

● Tiger Brands may not be only one in the dock: any class action suit would use Section 61 of the Consumer Protection Act‚ which makes any supplier of the goods liable;

● It is going to be tough to prove: Esselaar said the key issue right now for consumers was to do whatever they could to find and preserve evidence because proving causation was key;

● Lawyers on the side of big guys: Esselaar said that if he was representing the suppliers his focus would be to show the consumer couldn’t prove where they bought the product or that they ate the product‚ making them ill.

● It could take a very long time: The only way a lengthy case could be avoided is for the retailers and suppliers to agree to the consumers’ initial demands‚ which are bound to be high.