So what happens if you buy a chair and within a short period of time using it the chair breaks and causes an injury? Perhaps it collapses under you when using it, or tips over because a part breaks, falls off, or becomes loose?
The good news is that you should be covered by in important piece of legislation called Supply of Goods and Services Act 1982 which states that goods received by you, such as a chair, from a supplier should be:
- Fit for purpose (section 4)
- Of satisfactory quality (section 4.2)
So if you are provided a chair that has broken, it sounds like it may well not be fit for purpose or of a satisfactory quality; a potential breach of the legislation above. If we can prove that this is a breach, you should have a successful claim for personal injury compensation.
Who do you sue?
You can actually pursue a claim against the provider of the chair – i.e. the place you bought it from. They may well tell you to go to the manufacturer which isn’t a problem, but if pursuing the manufacturer is an issue (for instance if they are not a UK manufacturer) then the seller is equally liable.
That means you can sue the supermarket, shop, or whichever retailer has supplied you the chair!
What can you claim for?
You can claim for any pain, suffering, and loss caused as well as get a refund or exchange on the product. Losses can include things like lost earnings from time off work if the injury is bad enough to prevent you from working, or medical expenses for treatment and medication.
I’ve accepted a refund and / or gift voucher or money from the seller direct – can I still claim?
Many retailers will, as a matter of courtesy, give you some kind of gift voucher for what has happened. That doesn’t necessarily mean you cannot claim if you have accepted such a gift or even if they send you some money. You should be careful though because if they do provide you with something like that with terms attached that this is in full and final settlement of any claim against them, then this may be their attempt at stopping you from making a claim!
However, we find this is rare, and to be honest if you have accepted something from them we can still usually argue that it isn’t a fair settlement so don’t write off making a claim – get in touch with us for help and advice today!
100% Compensation
We offer 100% compensation in this kind of scenario, even though most other lawyer will take up to 25% from your compensation for making a claim like this.
