Does anybody know anything about consumers rights??

Question

Help, my husband has gotten himself into a spot of bother and had accidentally broken a customers fridge. The fridge was VERY old, but now the customer is demanding a new replacement plus £200 to cover the food inside with no proof. Does anybody know what our legal obligations are? This is regarding uk law,
many thanks

My husband does have third party insurance but unfortunatly this caries a £500 excess on it, of which this item is less and so we are not covered to claim. But on second thougts i am going to reread the policy, just to double check he is right! mant thanks for your help so far.

Answer 1

Let her take him to your equivalent of small claims court. He will have to pay for repairs at most. There is no way she will get a new fridge out of this.

Answer 2

You break something, you fix it, sorry, but thats as far as it goes.

Basically, your husband is subject to something called a "tort of responsibility", whereby he is required to exercise due care in fixing something and is expected to, aside from the part he is reparing, return the fridge in its original condition. accidentally doing something does not absolve him of this responsibility.

Now your customer cannot demand a new fridge, they can demand the market worth of the old fridge. What they want is equivalent to me smashing your Skoda, and you demanding a Ferrari. Find out what the old fridge was offered and make an offer based on that value, along with a a goodwill payment for the food.

With the food, I am unsure what your obligations are, I would suggest that you make a payment, perhaps of £100, but point out that the food ruination was force mejure (and besides, they should really have taken it out of the fridge while your husband was fixing it shouldn't it?)

In summary, you are liable for the market value of the existing fridge or the next suitable alternative (Something that basically fulfils the functions), and I would recommend you make a payment for the food, but not as much as they demand, as £200 seems very excessive.

Answer 3

Did your husband realize that the fridge was broken when he worked there? Did he notify the customer that he "broke" it. Did the customer have a reasonable opportunity to save the food and didn't do so? He owes the cost of a reasonable repair whether he makes the repair or not, and he owes the cost of the food if the customer was unaware of the damage at the time it happened especially if your husband was aware. He does not have to replace with new fridge, customer didn't lose new fridge. A reasonable offer to settle would be estimate of cost of repair paid to customer and food if customer didn't act unreasonably in leaving food in fridge. If customer rejects that then let him go to litigation and again make the offer..

Answer 4

Residing in USA, not entirely familiar with the exchange, I have to think that a defense attorney will be more expensive than the claim. You should be able to determine that.

I would refute that amount of food loss.
Unfortunately, when we do work in a home, we are wide open for actual fraudulent claims.
One legitimate instance: Leaving a leak in ice maker, after moving a fridge. Damaged walls and floor. I could write a book.

I know from where I speak. 35 years experience with contract labor in my business.

Answer 5

Well in the USA they the plaintiff would have to be required to prove that your husband did it. Here in civil court 7 of 12 jurors would be the deciding factor. If he broke it and did not tell the person theoretical he could be require to pay punitive damages that may exceed the value of the fridge and the food.

Good luck.

Answer 6

why ,was he there, was it to fix the fridge, and if not,, the reason for his being there is important ,,,as a painter ive had folks try over the course of 28 years ,,to blame me for everthing from the cat going missing ,,to the power failing on the pole outside,, in america its required to be licensed to contract in a city or the county , also we are supposed to carry a liability coverage on our selves to cover things of this nature ,, a barrister will be your friend contact an attorney ,in america they will give an hour for free as an evaluation of your case,, so free advice ,and offer to counter sue if its one persons word against anothers,, and the other had no witness ,at the time of the fridge failing,, or the cause,,, ignore the complaint,, or try talking to them in person,, about a reasonable, halfway meeting place,, or lie ,,and say he couldnt have been there as he was home with me ,,a wife can testify for a husband ,,but isnt required to testafy against ,,

Answer 7

As far as i now,at the worse he would have to pay for the
price of the OLD fridge, and with no proof there's no
way he should have to pay for the food,But to be sure
he should seek legal advice, best of luck.

Answer 8

if your husband was working by LAW he needs to have third party liability insurance that covers this sort of thing and is dealt with directly by the insurers. If he doesn't have 3rd party insurance the POLICE will then prosecute and this can lead to 3 years imprisonment and £1,000's of pounds fines.

if you have the insurance pass it to the insurer they will sort it out on its merits and you wont have to deal with it, if you DON'T have the insurance PAY UP now and get the insurance before you are reported!!

Answer 9

The Citizens Advice Bureau is the best place to go initially, they have lots of info on this type of thing. Alternatively, check your insurance policies - some of them have free legal advice.

Answer 10

If your husband was a wise man, he would have had insurance to cover this sort of eventuality. I would recommend he seek legal advice in either case. Good luck!