Victims still adamant they’ll sue

“FORD must act — now!” said Motor Industry Ombud Johan van Vreden yesterday.

“This is a first for me in my 16 years as ombudsman‚” he said. “One or two vehicles in the same model range catching fire is not unusual‚ but almost 50… it’s crazy‚ especially in a small market like ours.”

Regardless of the outcome of the investigation into the cause of the Ford Kuga fire in which Reshall Jimmy was killed in December 2015‚ Van Vreden said‚ the other 46 Kuga fires all appeared to have started in the engine compartment‚ requiring Ford to take immediate “appropriate action” within the recall policies of Ford and the Consumer Protection Act.

There are different forms of recall in the motor industry.

A service recall is actioned in the case of an issue which is not what the industry terms safety critical‚ and it’s carried out during a routine service‚ often without the owner’s knowledge.

But a safety recall‚ due to what the industry terms a “safety critical” issue such as dozens of vehicles catching alight – is clearly far more serious.

It is actioned voluntarily by the manufacturer or as a result of being forced to by an authority such as the National Consumer Commission (NCC).

The manufacturer undertakes the responsibility and total cost of fixing the problem‚ replacing the vehicle or buying it back‚ depending on the issue and the circumstances.

“The Consumer Protection Act [CPA] is clear‚ in terms of Section 61, that there is strict liability for any damage or harm caused by a product which is unsafe when supplied or which has an inherent hazard or a defect‚” says CPA and product liability specialist attorney Janusz Luterek.

“This liability extends beyond replacement of the vehicle to any harm or damage caused and economic loss suffered by the owner‚ passengers‚ family or potentially even other members of the public or rescue services who are affected by it.

“These claims could be very large indeed and include loss of income in the case of injury and loss of support in the case of a death.

“A burning Kuga could also lead to a larger fire in a mall or in dense traffic, causing untold harm and exposing Ford to huge liability.”

The CPA also provides for class action lawsuits‚ Luterek said.

Attorney Rod Montano‚ who represents the owners of most of the Kugas which have caught fire‚ said such a class action is indeed being planned.

Yesterday morning‚ along with the Jimmy’s siblings‚ he tried to hand over written complaints from the 46 Kuga fire victims at the offices of the NCC‚ but was denied access and ordered off the property by commission spokesman Trevor Hattingh.

Hattingh told Sowetan’s sister newspaper The Times it was simply a matter of them not having made an appointment.

The complainants are urging the NCC to recall the 1.6-litre Kuga‚ as a precursor to lodging a civil claim against the company as a class action.

Luterek said there may also be both criminal and civil liability for the directors and other officers of Ford South Africa under the Companies Act of 2013.