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Shoprite to amend flasks’ instructions after customer’s wife scalding

Picture Credit: uncova.com
Picture Credit: uncova.com

What made a vacuum flask shatter and release boiling water onto a woman‚ leaving her with disfiguring burn scars?

That’s the question at the heart of Capetonian Clifford van Heerden’s case against Shoprite‚ which sells the flask which led to his wife Patricia’s injuries.

On the evening of October 10 last year‚ he filled the 1.8-litre Travelvac flask — as he’d done many times in the 10 months since he bought it from Shoprite’s Bothasig store — and began climbing the staircase of their home.

“All of a sudden I heard this whooshing sound‚ and there was hot water flying everywhere‚” he said. To his horror‚ he realised most of it had landed on his wife‚ who’d been seated in a chair below the stairs.

She suffered burns on her back‚ left ear‚ left arm and right knee. Van Heerden rushed her to the nearest state hospital where the burns were treated‚ but‚ five months on‚ Patricia remains not only physically but emotionally scarred.

“She needs plastic surgery and psychological counselling‚ but I am currently unemployed and we don’t have medical aid‚” Van Heerden said.

“And the flasks are still on sale in the store where I bought mine‚ with the same lack of warning.”

The couple has demanded R250000 from the Shoprite group‚ claiming the company — which imports that range of flasks from China — failed to warn consumers not to fill the flask to the brim with boiling water‚ as he had done.

“But Shoprite is insisting that Patricia be assessed by a doctor of their choice‚ which we are refusing‚ for obvious reasons‚ and they are bullying us‚” he said‚ shortly after going public with the story on social media at the weekend.

In a Facebook post‚ Van Heerden wrote that his wife’s injuries were “caused by their (Shoprite) negligently selling an untested flask‚ made to hold boiling water‚ which they imported from China and endorsed it by clearly labelling it as imported by themselves and distributed by themselves”.

Responding‚ Shoprite spokesman Sarita van Wyk said Shoprite had launched a full investigation into the incident‚ including forensic testing‚ which found that the flask was not defective‚ “but that customers may be using it incorrectly”.

“Based on this conclusion we decided to remove the Travelvac from our shelves in order to amend the care Instructions to also include a point about the need for the base to be properly secured before use.

“A label to this effect will be fixed to the product before being re-merchandised and all new consignments will be accompanied with the new care instruction leaflet.”

The Consumer Protection Act holds “the producer or importer‚ distributor or retailer” of goods liable for any harm caused as a consequence of “inadequate instructions or warnings provided to the consumer pertaining to any hazard” arising from the use of those goods.

It would appear‚ from Shoprite’s intention to amend the flasks’ instructions‚ that a loose base may have caused the accident in question‚ rather than overfilling.

As Van Wyk pointed out‚ there is no testing standard for vacuum flasks in South Africa. “In terms of warnings we are guided by British standards to guide us‚ but they do not refer to assembling of flasks either”.

As for Van Heerden’s claim‚ Van Wyk said his refusal to supply the necessary documentation to substantiate his claim was delaying the “conclusion” of the matter.

“There is an official process to follow in assessing claims‚ but Mr Van Heerden is refusing to co-operate‚” she said.

“Shoprite’s request for Mrs Van Heerden to attend a consultation with our appointed plastic surgeon‚ at Shoprite’s cost‚ is to enable us to receive an independent medico-legal report‚ which is needed to process the claim.

“We do not require a doctor of our choice to treat Mrs Van Heerden and she is free to consult a doctor of her own choosing for this purpose.’

- I was unable to find the flask which Van Heerden bought in my local Shoprite at the weekend‚ but I did find a similar one‚ with a detachable base. Its instructions did not include a point about ensuring that the base was properly secured. Questioned on this‚ Van Wyk said that Shoprite would “ensure that all flasks with a probability for the glass lining to drop out if the base if not securely fastened” would be included in the issuing of updated instructions.

Captions: The following two photos were taken of Patricia van Heerden in late February‚ more than four months after the incident.

A flask like the one which shattered in Clifford van Heerden’s hand

The warning in the made-in-China range of plastic-outer vacuum flasks imported by Shoprite‚ which is to be amended to include an instruction to ensure that the detachable base of the flask is properly secured.

These two photos of Patricia van Heerden were taken on the night of the incident in October 2015.

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