Registered disabled and unable to use her left arm, Ms L had used a bath board to help her bathe for around three years. She was spending a weekend away at a hotel in Liverpool and the room she was staying in had a bath rather than a shower, so she had to buy a new bath board. She had one at home but planned to replace it with the new one when she got home. She bought the board from Disability Trading Company Limited in Liverpool. Ms L’s friend fitted the bath board over her bath and she used it four times before she took it home, where her husband fitted it to her bath, following the instructions provided. She used the bath board three further times without issue. On the fourth use, the boards split down the middle and Ms L fell into the bath and injured her neck and head and aggravated a pre-existing condition in her low back and left shoulder. She attended A & E at Sheffield’s Northern General Hospital, where the soft tissue injuries were diagnosed.
Following the accident, Ms L contacted Graysons to see if she could claim compensation for the injuries she had suffered. Tracey took up the case and pursued Disability Trading Company Limited, with whom Ms L had entered into a contract when she bought the board, meaning that the provisions of the Consumer Rights Act 2015 applied. Tracey claimed that the goods were:
- not of satisfactory quality – as they broke within seven days of purchase
- not fit for the particular purpose for which they were intended
She also claimed that the shop had been negligent in that it had not (amongst other issues):
- checked the goods before selling them
- ensured that the goods were of satisfactory quality
- ensured that the goods were fit for purpose
- ensured that Ms L was safe in using the goods
Whilst the shop admitted that it had a contract with Ms L, it denied all responsibility for the injuries, saying that it was not the manufacturer of the bath board and therefore had no control over whether it was defective or not. Tracey pressed ahead with the claim and had it listed for trial on 12th September 2019. Disability Trading Company Limited then decided to settle the claim and Tracey was able to negotiate compensation of £3,000. Ms L was very pleased with the settlement and the fact that she would not have to go to court, which she had been very anxious about due to her mobility issues.
If you have suffered an injury as a result of something that you have bought and you think was faulty, please contact our personal injury experts now. We will arrange a free of charge meeting with one of our specialists who will assess your case and advise on its merits. If we take on your case, we will offer you a no win, no fee agreement.
Author: Tracey Dickinson, personal injury specialist.