What if a product hurts someone or damages something?
What can I do if the item is dangerous?
If you think your purchase is dangerous or unsafe then you may be able to get the item replaced or repaired, or you may be given a refund.
First of all, if you think an item is dangerous in any way you should stop using it and ensure no one can use it either.
If the item has caused damage then it is advisable you keep evidence of the damage, for example taking photographs.
Also, if the item has damaged your property, it is a good idea not to clean or repair the damage until it has been viewed by the trader.
If someone has been hurt by the item it is recommended you obtain a medical report on the injuries sustained.
Once you have the evidence above you can make a claim for the repairs to the damage caused by the item. Also, you can make a claim for compensation over any injuries, stress or loss of enjoyment in connection with the dangerous product.
What should I do when I contact the trader?
It is advisable you contact the trader that sold you the dangerous item as soon as possible.
When you do so, also include all the evidence of damage and/or injury the item has caused.
Also, you should tell the trader what other actions you have carried out as well as contacting them. For example: have you contacted a third party such as a solicitor or Trading Standards.
Finally, you should state what you would like done to rectify any damage or injuries incurred.
However, if you decide to make a claim it is advisable you speak to a solicitor first.
What should I do if the trader does not fix the problem?
If the trader fails to make amends for the dangerous product it is recommended you should:
- make a formal complaint in writing
- Get legal advice and look at taking the trader to court
- Look into making a claim against the manufacturer of the item