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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3667
Experience:  Solicitors 2 years plus PQE
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We manufacture hockey equipment which includes sticks

Customer Question

Hi, We manufacture hockey equipment which includes sticks accessories and protective items such as shin pads and gloves etc. One of our customers has got in touch to say that they have broken their hand while using one of our gloves. See email below..
Dear, Über
I was recently using your indoor hockey glove at at a regional finals tournament when I was struck by a ball on the glove. Unfortunately the glove wasn't able to protect my hand to the level I would expect it to and as a result I have broken my hand. This is going to cause me to miss a large part of my schools hockey season including a national level hockey tournament and the regional indoor hockey competition for my club. I’m currently awaiting to find out whether I need surgery on my bro***** *****d.
Despite being sponsored by Uber for almost three I’m unsure as to whether I can place my trust in your kit going into the future. For the safety of others I would also recommend you look into increasing the level of protection in your indoor gloves. Furthermore I also have X-rays that I would be willing to send to you so you can see the damage to my hand.
Yours Sincerely, ***** was no disclaimer on the site saying that you use the protective equipment at your own risk etc (I have added it now) so before I respond I want to know how to phrase my response that would not imply liability lay on our side.
Clearly I am sympathetic and want to be so in my response however I am conscious I do not want it coming back on the business in the future.
Thanks
Lee
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Should the equipment have stopped an incident of this nature, or is the equipment only meant to limit the risk? Have you tested the equipment? How much responsibility do you want to take for this - do you want to compensate the individual concerned?
Customer: replied 1 year ago.
Hi, The glove is designed to help prevent injuries such as this. We want to take no responsibility for it, I am of course willing to make a gesture of good will but don't want that to be seen as admitting liability! We have not tested the equipment, it comes from a central manufacturer, we just brand it.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The first point to note is you exclude liability for death or personal injury arising from negligence - if there is an issue with the manufacturing process that has been overlooked- then I would establish this pretty quickly. If you want to make an offer but not accept liability - then you just have to make sure that the offer is marked "without prejudice to your rights as the seller of the product". The next step is to decide what you want to tell this individual - if the product does not have a flaw but just has limitations then establish with the manufacturer what these limitations are and how they can be rectified. Do you have any say in the manufacturer process - if so do you want to ask this person for feedback on improving the product?