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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Glass shower shatters in shop cutting husband - should we claim ?

51 replies

Whatalotofcrap · 01/06/2019 22:54

Hi, today we went to a closing down sale of a (well known ) bathroom company. I wish we’d never bothered ! Paid cash to purchase for a lovely glass shower . Handed over the cash. Told we had to disassemble it ourselves ! Husband carefully dismantled it - carefully slid the first glass panel out of its runners and was holding it and it literally just imploded into a thousand pieces cutting his hands quite badly. Staff were very unhelpful and the manager basically said it was our fault we had dropped it ! No concern for husband now badly bleeding hands 😡 . We had to find their staff kitchen and find their first aid box to get bandages ourselves . Manager was very rude and insulting and refused to return money . I’m very cross about his attitude plain nasty . Does anyone know legal rights here - never claimed before but this was just plain wrong on every level . Thanks

OP posts:

Original poster

Whatalotofcrap · 01/06/2019 23:52

Yes highly dodgy - the receipt was just a hand written not - no price - there no way they are paying Vat over to HMRC on that and as you say I bet some of that cash ( and it was all cash ) isn’t finding g it’s way to the company- good ammunition

OP posts:

Drum2018 · 01/06/2019 23:53

Our shower glass door has shattered - twice. There wasn't anyone near it either time so it can certainly happen out of the blue. I wouldn't let this go. Lucky it didn't get in his eye or hit anyone near him. Get legal advice.

Justaboy · 01/06/2019 23:53

I've known toughnened glass do that before like the old windscreens use to shatter into tiny bits before laminated glass was around. Probally due to stresses in the glass formed whilst being cooled in manafacture.

Did you pay for it on a credit card if so its the credit card companys problem!.

BrightYellowDaffodil · 01/06/2019 23:55

If the company is in administration, your claim will - in all likelihood - rank as an unsecured creditor. Which means you’ll get a small percentage of any successful claim, if you’re lucky.

I doubt very much that purchasing IP rights will in any way include public liability for current stock - it literally just means the rights to designs etc.

Chalk it up to experience, move on and don’t expect every negative happening in your life to equate to a financial payout.

Original poster

Whatalotofcrap · 02/06/2019 00:00

Just to clarify I’m 53 and we’ve never claimed anything before ( apart from a car crash!) so it’s not about the money it’s about negligence and duty of care, and health and safety. This is how serious accidents happen companies think it’s ok to disregard all health and safety rules .

OP posts:

Duck90 · 02/06/2019 00:10

Your age has nothing to with it. (Although I would expect more from a 53 year old) You were stripping fixtures and fittings from a company that has closed, and until the incident - were happy with written receipts. You can’t be okay with fraud until it suits your situation.

flashbac · 02/06/2019 00:13

Isn't shower door glass like windscreen glass so the pieces aren't very sharp when it shatters?

Gth1234 · 02/06/2019 00:15

I imagine, as you had paid for it, it was yours, hence your problem.

As they are insolvent, you are struggling. Did you pay be credit card? That might help.

Gth1234 · 02/06/2019 00:18

Sorry. I see you paid cash. I can't think there is much you will be able to do. Try calling a claims company.

FiddlesticksAkimbo · 02/06/2019 00:19

Id imagine you probably can claim ...

I would imagine their insurance should cover people for accidents

Random strangers imagining things on the internet is not really a basis for anything!

Original poster

Whatalotofcrap · 02/06/2019 00:21

Gosh there’s some lovely folk on here ! Reminded me of why I left this site 5 yrs ago 😊 thanks to all the nice folk who have posted helpful comments 😉👍

OP posts:

ASauvignonADay · 02/06/2019 00:21

Did you get a refund at the time? I think I'd want a refund and to then forget about it and move on.

GlamGiraffe · 02/06/2019 00:24

Sorry. I see you paid cash. I can't think there is much you will be able to do

Out of curiosity why? Cash, card, cheque transfer are all legal forms of payment which are part of a contract. It doesn't matter how you pay.

namechanged984630 · 02/06/2019 00:27

amiright that advice is completely legally incorrect.

GreenTulips · 02/06/2019 00:28

They will still have liability insurance - phone your insurers to log the claim and they will trace their insurers for you.

PregnantSea · 02/06/2019 00:59

Testing is right. Random people on the internet will not help this situation. Just have a quick chat with a lawyer, sometimes they even do this for free. They will be able to tell you confidently whether or not you have a case.

lhastingsmua · 02/06/2019 02:44

Just contact a personal injury solicitor who will advise if you actually have a decent case or not.

getback · 02/06/2019 02:55

Ah op what a shitty thing to happen, followed by a load of shitty responses on here. Hope your DH is ok, you would be completely reasonable to sue but unfortunately I don't think it will get you anywhere

zsazsajuju · 02/06/2019 02:57

If the company is in administration as others say, you are unlikely to be able to get any sort of satisfactory financial settlement from them. They will have public liability insurance through which may cover a claim. Has your husband actually suffered any harm though other than a cut hand? Did he need medical treatment? Did he suffer any loss like time off work?

As ppl say you need to contact a pi solicitor not ask random sob Internet.

Singlenotsingle · 02/06/2019 09:06

Thank you namechanged. I really don't know why people try to give legal advice when they haven't a clue what they're talking about. Amiright isn't the only one.

ScreamingValenta · 02/06/2019 09:11

I'd note down all the details you remember about the incident including exactly what was said about dismantling the door, and then talk to a solicitor who will be best placed to say whether you'd have a claim.

Personally I think at the very least you should get your money back for the shower.

flashbac · 02/06/2019 10:16

Shower doors are made of safety glass though. Was he really that injured?

rareappearance · 02/06/2019 14:30

What would you be claiming for, exactly?

Money back for the screen? Maybe yes you should get.

The rest, sounds like money grabbing as revenge for shitty customer service.

You could try sueing the manufacturers

mysteryfairy · 02/06/2019 14:54

OP why don’t you get this moved to legal?

I think you have two potential avenues which you’d like to explore...

A refund as you didn’t get the goods you had paid for - breach of contract
Compensation if the vendor’s negligence was the cause of your husband’s injury - tort of negligence

There’s also the complication that there’s no point suing a man of straw so even if either of the above are made out it may not be worth taking action depending on the exact circumstances of the sale and who might be liable.

I don’t think considering using the protections we have in law is a reason for people to attack you either. It must have been a horrible experience not helped by the defensive behaviour of the staff.

HelpAFattieOutHere · 02/06/2019 15:00

Did they complete an accident form?

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