Kuga owners have chance to sue Ford
FORD Kuga owners who can prove that they have suffered financial damages due to their vehicles catching fire stand a chance to lodge a successful class action against the company.
Werksmans Attorneys director Bernard Hotz said this during an interview with Sowetan yesterday.
The class action would have to comprise individuals who purchased a Ford Kuga vehicle between a specific period of time and who may have suffered financial damages, he said.
Hotz said the victims would have to prove that, as a result of having purchased this particular vehicle, they had suffered damages.
He said the Reshel Jimmy’s family would need to institute action against Ford citing his unlawful and negligent death.
In order for the court to determine and hold Ford liable there are five requirements they must meet, he said.
His comment came after a horrifying death of Reshel Jimmy two years ago, which has sparked the impending class action litigation to be filed by Kuga owners whose cars caught fire and suffered financial losses.
The two year-old pain suffered by the Jimmy’s sibling is far from over.
Their lawyer was reported as saying a class action lawsuit might be a very long process, especially considering the time it could take to gather all the facts.
However, there are requirements that need to be met even before the matter goes to court.
Hotz said a class action litigation was a process whereby a class or group of people who have been affected by the same or substantially similar set of facts, band together and approach the courts seeking relief from the wrongdoer.
Ordinary Kuga owners who are not affected cannot sue as the problematic cars are those produced in 2013 and 2014, which are currently being recalled for repairs.
“In this case the failure of Ford to ensure that the vehicle is safe directly caused the vehicle to catch fire, which in turn caused the death of the occupant, which in turn impacted his family in a monetary and/or emotional manner,” Hotze said.
He said in Jimmy’s case an analysis would be required to determine whether Ford knew about the problem and simply ignored the foreseeable results, or, whether they were negligent in ensuring that the vehicle is safe for its purpose.
Should the above requirements be proven and the court is satisfied that the evidence proves that Ford was at fault, Ford can be ordered to pay monetary compensation to the family of Jimmy.
Victims will have to prove that they have suffered damages
He said the National Consumer Commission has been set up to assist the general public who feel that their rights have been infringed, to approach the commission for relief.
In this instance, the vehicle purchased poses a health and safety risk to the lives of the occupants who are entitled to demand that the Ford’s engines be remedied promptly to ensure the vehicle is fit for purpose.
Ford is in a process of recalling the affected Kuga models so as to remedy the problem of vehicles that catch fire.
Media reports say Ford and the commission have met to discuss the recall of the vehicles so as to remedy the problem.