Vacuum cleaner caught fire.

Swishter

Hi,

I wonder if anyone here could give me some advice on our legal standing here.

We bought an Asda brand vacuum about 18 months ago. It was pretty rubbish but we have a small apartment and it just about does the job.

Tonight baby sister was cleaning her room and then started screaming, we ran into her room and the vacuum motor had caught fire. She was yelling for water but luckily we got there first and smothered the fire. We maintain the cleaner well and empty filters etc regularly.

I called customer services and was basically brushed off, as I bought it in store I need to take it back in store. I've had problems with them in the past, they refused to take a pair of shoes back when the sole was peeling off 2 weeks after purchase, so I want to be sure of my legal standing.

If it had just broken down fair enough, you get what you pay for. But I do not expect an appliance to catch fire. If we had not been home it could have caused a major fire and my sister could have been killed or injured trying to tackle it.

Any advice much appreciated!

Swishter

ariba10

It would all depend on what caused the fire,

The machine itself by overheating,

Sucking up in flammable solvents etc (I saw one burst into flames once when my mate tried to suck up spilt spirits).

There is usually a difference in the sound of the machine when there is a problem with it.

If you could prove something specific it would help.

Swishter

Thanks for your reply.

It wasn't on long enough to have overheated through excess use, it had been on less than 3 minutes. She was vacuuming her bedroom carpet so I doubt any spilled solvents.

I used it this morning and noticed no differece. The fire came through the back and you can see the burnt and melted motor parts. I have had a look without taking it apart and it seems to have started in the motor, I can't see anything stuck in it that may have caught light.

Hope this helps and thanks again!

4743hudsonj

hi,

i defiantly think you have something here. Ive had some issues recently that have been solved with help from here so im here to pass it on. I would have a good look at section 14 of the sales of goods act. goggle search it.

basically, despite warranty's etc. products are covered by the sales of goods act up to 6 years, IF the price and nature of the goods makes this a reasonable amount of time. for a cheap vacuum i would say that 2 years would be reasonable, but in any case, catching fire as you have said is a seriously safety hazard, and this is not of a reasonable quality.

also, there are a number of precedents that would support you such as donahughe and Stevenson the most famous of them all. These say that the retailer owes a duty of carte to an end user, the user being you and your sister. And i would say this has been abused.

Read through the sales of good act (section 14 at least) and send them a formal letter of complaint to the store and head office naming laws, if you're still unsure i would defiantly seek further more professional help as this is a serious matter.

regards josh

zootscoot

You can find info on the Sale of Goods Act here:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

OlliesDad

One thing that hasnt been mentioned is that as it is over 6 months old it will be up to you to prove that the unit had an inherent fault that caused the malfunction. To do this you will need to get a professional engineers report.

You will have to decide whether it is worth the hassle?

gnaril

Best way to do it would be to get an independant report carried out on the item to confirm wether it was a fault with the item, if you present that to them they would have no way to go.

All you would need is take it to an expert in the field, Household appliance repair man, letter from them on headed paper or attach their business card to show their profession. As long as its detailed that it aint something wrong that you have done you should be ok.

Thats what i would go for personally, the retailer cannot give you the run around then.

Good luck

4743hudsonj

gnaril wrote: »

Best way to do it would be to get an independant report carried out on the item to confirm wether it was a fault with the item, if you present that to them they would have no way to go.

All you would need is take it to an expert in the field, Household appliance repair man, letter from them on headed paper or attach their business card to show their profession. As long as its detailed that it aint something wrong that you have done you should be ok.

Thats what i would go for personally, the retailer cannot give you the run around then.

Good luck

good point, forgot to mention that part