The Sale of Goods Act provides protection against goods which are of poor quality. As we have mentioned, the definition of ‘quality’ takes into account fitness for purpose, appearance and finish, freedom from minor blemishes, durability and safety. If a product is unsafe, we must look to the Consumer Protection Act as it provides different information on what your remedies are and who you should pursue as the responsible party.
Damages and Compensation
To make a successful claim for damages or compensation as a result of using an unsafe item, there are a number of things you must first prove.
- The product has a defect
- Damage has been caused (death, personal injury, damage to private property in excess of £275)
- The damage was caused by the defect
- The producer can be identified
Although you no longer have to prove negligence on the part of the supplier, you still have to prove the defect, the damage and the link between the two, so it could very well amount to the same thing. You should also ensure you were using the product only for the purposes it was reasonably intended for, and there were no safety instructions which you ignored. Similarly, if a product is marketed for expert or experienced users and you are a novice, you have nobody to blame but yourself if you are injured as a result.
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we bought a universal travel adaptor plug from b&q store in Taunton last year ,it converts a french wall socket into a english 3 pin socket .we now live in france and used it here ,i contacted b&q customer services to say to our horror the adaptor caught fire ,we thought it was just a faulty one but i used another and that caught fire ,all they said was sorry ,send some pictures and we will look into this ,they offered a £10 voucher which we cannot use ,is this right can they just do that ,this adaptor burnt some of the house wiring away and could have caused a house fire ‘i know i have left this a bit late but i can’t help think what could have happened and they did not care .Is there something i can do ,i still have the faulty product
In 2015 we bought a static caravan , last week the Morco central heating boiler and hot water heater broke down so we called a Morco engineer to repair it , he repaired the fault and informed us that there was no heating bypass fitted on the bathroom radiator , it states in the Morco fitting manual it has to have a heating bypass fitted so are the sellers responsible to put this problem right , the seller gave us a 12 month gas safety certificate and we are not sure now whether this is valid for any possible insurance claims we are in our late seventies and find this very worrying . Yours sincerly Mrs E Johnson thanking you for any advice you can give .