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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Who should compensate me, the shop from which i bought a faulty

Customer Question

Who should compensate me, the shop from which i bought a faulty helmet or the supplier? I crashed my motorcycle due to a faulty helmet and now have a £994 repair bill and still signs of pain from when i came off. The shop i bought it from have issued me with a new helmet worth the same value out of goodwill. The supplier are refusing to cooperate.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If the helmet was faulty then the shop are liable under the Sale of Goods Act to replace it or issue a refund for it's price but not for consequential losses such as personal injury.
The manufacturer would only be liable for your consequential losses if you could show negligence against them. That is not as simple as showing that the helmet was faulty necessarily. It depends on the cause of the fault.
Also, I'm not sure what the repair is for? If it is the helmet then the shop have issued a replacement so that falls away. The crash itself would not have been caused by faults with the helmet obviously unless you are of the view that it slipped and obstructed your vision in some way and that would be down to a poor fit rather than a fault.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

My vision was obscured by a tinted insert within the helmet which fell down whilst riding the evening back from work. I in fact went into a motorcycle shop because it had happened before and he said there was either a screw loose or completely missing.

Expert:  Jo C. replied 1 year ago.
There are some problems with that.
Firstly, that wouldn't obstruct vision completely. A tinted insert is just a device to block the sun effectively. All that would mean is that it would be like wearing sunglasses at night which makes things darker rather than blocks vision.
Secondly, you would have to prove that it was sold like that rather than just that it wore down unacceptably quickly. The latter would be a Sale of Goods Act issue. The former would be negligence.
Thirdly, if the store fixed you with notice of this at an earlier stage then they could argue that continuing to ride with it would amount to contributory negligence. Whether they will think of that depends. It is not the highest sum in compensation and not really worth their while contesting it.

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