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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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On the 3rd January2015 I took my Rotary watch to Dr Jones watch

Customer Question

On the 3rd January2015 I took my Rotary watch to Dr Jones watch repairers in Birkenhead to have a new battery fitted. The watch, when I took it in was perfect apart from needing a new battery. When I picked my watch up and paid a charge of £19-95 I took it home, I then noticed that the winder would not work and the face of the watch had not been put back on straight. I took the watch back the following day and was told that the person who had fitted the battery the previous day had been sacked and that he had caused some extensive damage to my watch. Since that date they have still got my watch saying that repairs and new parts are needed and are blaming rotary for the delay I have called in every week since then and been fobbed off with various excuses. This watch was a golden wedding present and of great sentimental value.What redress do I have?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.It is possible to hold the shop responsible for the damage done on the watch as their actions would have been negligent. It may have been caused by an employee of theirs, even if he did not work to accepted rules or procedures but the shop itself is likely to be held liable under what is known as vicarious liability (where they are liable for the actions of their employees).

Whilst they can be held liable to pay for the necessary repairs, if the delays are genuinely due to the manufacturer then there is little that the shop can do. Their liability is to arrange and pay for the repairs (or carry them out themselves if they can), but if this has to go back to the manufacturer then you cannot hold the hop liable for these delays.

You could ask for details of who is dealing with it at Rotary and try to contact them directly yourself for an update. If the delay is becoming unreasonable then you can press the shop for answers and even advise them that if the matter is not resolved within a given time period you would even consider taking this further to court where you would claim damages against them. That may hopefully prompt them to act quicker and take appropriate steps in resolving this sooner.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks