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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Advise required please I am 65, retired and drive a disability

Resolved Question:

Advise required please
I am 65, retired and drive a disability scooter. Local disability scooter shop checked my back tyres and put them back so new ones could be ordered
On the way home I had to cross a main road which had an island in the middle. On leaving the island to traverse the other side of the island the wheel that had been checked by the shop came of the axle. My scooter fell toward the island railings and I was thrown physically in front of on coming traffic. Which (thank God) managed to stop
to allow me to recover. Unknown to me all the alan key nuts had become loose and unsafe. The scooter was returned to the pavement from which I came
The owner of the nearby property allowed me to park the scooter in her driveway and drove me home. I was physically shaking when I got home but did not go to hospital or need medical attention - I then rang the scooter shop who now have the scooter for repair. The man from the shop stating that it was my fault because I ask for the wheel to be checked - I think not because it would be reasonable to expect disability scooters to be safely reassembled by experienced mechanics after checking. Your advise please
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
Customer: replied 2 years ago.

Hi there Ben Jones

Thank you for your reply and might I reply to your question of 'what am I hoping to achieve' this way

the answer is 'what is right and proper under the circumstances i.e when a proper tradesman (i.e the scooter mechanic) is negligent in a foresee-able situation, and by such negligence seriously (recklessly, if you will) endangered my life (i.e being thrown to the floor in front of on coming traffic).

Whether that is the right terminology I don't know - I am no lawyer - but the circumstances in all reasonableness should not have happened.

Without due care and attention' also springs to mind but may not apply

In short I don't know but I was hoping a solicitor would have at least some idea

Thanks

Mike Sales

Expert:  Ben Jones replied 2 years ago.
Hello, it is entirely unreasonable for the tradesman to start that what happened was your fault because you asked for the wheel to be checked. You are completely correct that there is an implied expectation that a competent mechanic would reassemble the scooter in a safe manner so what they have done most likely amounts to negligence. The issue is that in cases of negligence the law only compensates for actual losses suffered as a result of the negligent act. So for example if there had been damage to the scooter or you had suffered injury then that is what compensation would be available for. However, if no physical injuries were suffered and the scooter was not damaged then you cannot take any further action, even if something terrible ‘could’ have happened. It is not about what could have happened but what actually happened.
If the scooter was damaged and needs further repairs as a direct result of the wheel coming loose then you can get it repaired elsewhere and pursue the original shop for the repair costs. However, in the absence of physical injuries or other damage that may be the only thing you could expect to recover in the circumstances.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I can only note that with tradesman, learned council or whoever, these days have a different interpretation to what 'customer expectation' should really mean but then of course, I am over 65, retired and disabled and I cant help it - they on the other hand are experts in their field and do.

.

Expert:  Ben Jones replied 2 years ago.
Yes I understand but in the circumstances if you have not suffered any actual losses or injuries the best you can expect some goodwill gesture by them, just to keep you happy as a customer. But as they cannot in any way be forced to do that, you are really relying on their discretion. As far as the legal position is concerned to be able to pursue them you would need to show that losses or injuries have been suffered
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 2 years ago.

Yes - there is just one more question. Basically to settle my soul and more so to remember next time

Should this have been a repair and the repair costs say 200 units and lasted for a couple of weeks only, Presumably I would have a right to call the repairman back and ask for it to be rectified. But...what happens if he replies that I need a brand new wheel that would cost 500 units to supply and fit.

Would it be right in saying that because he has already been paid 200 hundred units I should really be expected to pay to pay 300 units only. As an experienced repairman he should have advised accordingly in the first place. and for me to pay for a new wheel would cost 500 only and NOT 700 total. Three or four months might be reasonable but not a couple of weeks. Query Sale of Goods Act - a service or goods

Expert:  Ben Jones replied 2 years ago.
You can expect them to repair the when that they had damaged or to rectify the services which they had not done properly. So yes if the repair was 200 initially but as a result of their negligence you need further repairs you should not have to pay anyone actually as they should put you in the position you would have been had their negligence not occurred. Sonic means still just paying out the initial 200 with them providing the necessary further repairs
Hope this clarifies things for you?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 2 years ago.

lets leave at that.

Expert:  Ben Jones replied 2 years ago.
Ok no problem before you go could you please leave your rating for the responses given so far, many thanks
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