Defective shower screen plastic hinges failed after 4yrs & caused injury **WON**

[alsnow]

We renovated our bathroom 4 years ago and had a bath tub and shower screen fitted as part of the work. It was bought from an online store (with an actual high street store behind it). It had a good reputation/feedback, so I was confident in buying from them.

 

We have used the bath/shower for the last 4 years until a couple of days ago.

 

While bathing my 3 year old son, the shower screen dropped without warning. The impact of the falling shower screen was on my face - I had a bruised cheek and broken glasses (glasses on my face to see with, not the shower screen glass).

I caught it in time before it hit my son, so we were relieved that he was ok.

 

After assessing the shower screen and the wall fitting it was secured to, I saw that the hinge had snapped and a piece had broken clean off. It is made of plastic and I wasn't expecting it to fail after 4 years (or ever).

 

The shower and everything else in the bathroom has been well taken care of and only cleaned with standard domestic cleaners (nothing harsh or likely to corrode any of our bathroom fittings). There should be no reason for a plastic part to be used in a safety critical item and there was no indication that any part was about to fail.

 

I contacted the retailer and sent them pictures of the faulty hinge/fitting.

They responded by escalating the matter to the manufacturer, who has stated that they will send a replacement set of hinges.

 

I have asked them for their assurance that the replacements will not fail - I want to be confident that my family is not put at risk again.

 

Should I accept this as the end of the matter?

I suffered an injury (that I will get over) - but what about my broken glasses?

Do I have any claim against the retailer and/or manufacturer for the loss?

[dx100uk]

have you asked this question of the retailer?

dx

[alsnow]

Hello,

 

I have not asked the retailer - yet.

 

I wanted to find out if it was reasonable for me to do so and what my rights were.

 

Do I have a legitimate claim for loss/injury?

[raydetinu]

possibly but first step is to contact retailer, that is the one you have the contract with.

You have to put everything in writing with evidence, photos etc. dates and put a value on your claim and see what they say.

Whether it is worth taking any further, court action will be up to you; stress and all that goes with it.

You could speak to trading standards and see what they say.

[ericsbrother]

You ask about a claim for loss/injury? Ask them to pay for the glasses as their loss was a direct result of the failure of their product. Now, there should be a fatigue test calibration to ISO standard, ask them for it and see what they say. If they cannot produce a cert then that give you ammunition for a claim against them as it would mean that they have not properly considered and tested the material or part. If they have the ISO calibration data come back to this post and tell us what they say and

[ericsbrother]

OOPs.. I will get one of my ex-colleagues to look at it.

[alsnow]

Thanks all for your responses - I've emailed the retailer with a request to provide the fatigue test certification details.

I'll post back when I get a reply...

 

Al

[alsnow]

I've been in touch with the retailer and the manufacturer over the last week.

 

The manufacturer has stated that all parts/products have to be tested to British Standards before they can sell the products.

This doesn't answer my question regarding fatigue tests - I've asked again for proof of certification.

 

The manufacturer has sent me a replacement hinge (the same plastic material with a chrome painted coating), but I have not received the assurances that it will not put anyone at risk of injury by failing again.

 

Until I have the assurances that it is safe, I will not use the replacement parts sent to me.

 

The manufacturer is requesting that they collect the shower screen for testing.

Should I be concerned about 'giving' away' the faulty item? What should I be asking for to ensure that they don't take the faulty parts away and then deny it was faulty?

 

Thanks all again,

Al

[dx100uk]

I don't think at this stage they'd be so stupid to do that.

 

 

take photos if you must.

 

 

dx

[raydetinu]

Hope they are going to replace it if they do and not leave you without one?

[ericsbrother]

Would agree that if they want to test your screen they bring another one with them. They should be more interested in the broken part than the whole thing

[alsnow]

It's been a long time, but the matter is now resolved. I don't like loose ends, so to thank everyone that replied and to close this thread, I thought I'd give an update.

 

The screen was taken away for testing (yes - the entire screen, even though it was two hinges that were faulty).

 

The manufacturer agreed that they were below the expected quality standard and I was sent a new screen.

 

The cost of my glasses was also compensated (£270) after I purchased a similar set as a replacement.

[dx100uk]

well done

 

dx