Personal Injury in Ghana

In law, personal injuries occur when someone suffers physical and or emotional harm resulting from the willful or negligent behavior of another. An individual who has suffered a personal injury can recover damages against a responsible person or entity. Thus under Ghanaian law, a person as well as a company can be liable for the personal injury of another person. The law will normally allow an injured person to recover damages for medical expenses (present and future), lost wages, loss of potential future wages and pain and suffering resulting from the injury.
Although personal injury victims may be able to recover monetary damages associated with their injury, their success and the amount they are able to recover will depend on their legal representation. Success in a personal injury suit will also be greatly enhanced depending on the actions or inactions of the victim after the injury is sustained. It is therefore important that you contact a lawyer for advice as soon as you sustain a personal injury.

Providing Professional Services With No Express Contract

In the real estate and construction industry, there may be instances where a party may start the provision of certain services without any express contract. Here is an example of a case we dealt with. (Client’s written permission has been sought to write about this case) A client company wanted a painting subcontract at the building sites of a main contractor. The main contractor wanted client to demonstrate their work by painting a room at the building site. Main contractor was impressed by client’s work and client ended up painting 5 housing units. Before a formal agreement for the subcontract was drawn, the relationship between subcontractor and main contractor turned sour. Main contractor sacked client from the site and refused to pay for the cost of painting the 5 houses arguing that there was no express or implied contract between them. We sued under Quantum Meruit claiming payment of the reasonable value of work done for the main contractor. Client was reimbursed with what a fair commercial rate would have been for the services rendered.

Liability for Defective and Dangerous Imported Goods

The last ten years has seen a steep increase in the importation of goods from all over the world, especially China. All too often, importers assume that the foreign companies they buy their products from will bear responsibility/liability for any defect in the imported goods in the event of a product liability claim. The foreign manufacturing company will indemnify the importer only if the foreign company has a product liability policy. Even with this, the importer may have to sue at the foreign country to take advantage of the foreign company’s product liability policy.

In practice, the importer has a responsibility to ensure that any product brought into the country is safe for public use. It is therefore not a defense to a product liability suit that the importer did not in good faith know about the defect in the goods. Thus, it is very important that the importer takes steps to inspect the products thoroughly to make sure there are no defects. Professionals may be hired to inspect for any latent defects. Also, it is important to find out about the product liability policy of the manufacturers. The importer should also consider taking out its own product liability policy in the country where the goods would be sold.

Trade Marks

To succeed in the business world, you have to distinguish and brand your products. In the process, certain marks, insignia, or combination of letters may be adopted or may emerge to distinguish your products. These marks, insignia or signs are called Trade Marks. Once your products or service start performing well in the market, others may seek to free ride on your success by either directly or indirectly using your ‘signs’ to market their products. The practice of these free riders may undercut your profit or consumers may associate their inferior goods with your quality goods. Under Ghana law, you can retain proprietary interest in the use of your trade marks by Registering them under the Trade Marks Act of 2004 (Act 669). Act 669 makes it an offense to use someone’s registered Trade Mark and section 9 provides that the owner of a Trade Mark can sue anyone (including a company) who uses their registered Trade Mark without their permission. In this suit, the owner can ask for an injunction from the court that will forbid the 'infringer' from ever using the Trade Mark. Punitive damages can also be awarded for infringing on someone’s Trade Mark.