4 month immersion heater leaked, damaged ceiling, is seller liable for damage?

JayAitch

Hi everyone,

I fitted a new hot water cylinder and new immersion heater in my folks bungalow in Aug of this year as their old cylinder was leaking. Today I went to see them and saw there was water damage to their ceiling in the lounge. Upon investigation, it was the new immersion heater that was leaking.

So I swapped the immersion heater out for them, just got back. I intend contacting the online shop where I had the immersion heater from to complain the immersion heater had failed after just four months.

My question is: is the online shop also liable for the damage to the ceiling as it was the failure of their part within the warrantee period that caused the damage??

Many thanks!

Jay

david29dpo

What caused the leak? you not tightening it or................

JayAitch

david29dpo wrote: »

What caused the leak? you not tightening it or................

Not at all, the water was leaking from inside the cover of the immersion heater itself. I ensured it was good, tight, and leak free when I fitted it.

ormus

no they are not liable.
they are only liable for any costs re faulty goods they supplied.

gas4you

That's why those that fit things should have public liability and product liability insurance.

vaio

retailers who sell defective goods to consumers are also responsible for any consequential costs, these can certainly include the damage to the ceiling

baldelectrician

It would be hard to prove it was not professionally installed.

You may find it hard to prove fault- I am assuming the item was not purchased retail (ie from a consumer only, non trade company)

vaio

assuming it was installed properly then a leak must be a casting/manufacturing flaw and the seller is liable

john_white

vaio wrote: »

assuming it was installed properly then a leak must be a casting/manufacturing flaw and the seller is liable

then the manufacturer would be liable not the reseller.

With this logic there is no need for insurance as every product if failed within the life expectenacy would mean either manufacturing or installation error, so if it can always be traced back someone is liable and therefore no need to have insurance. In reality, it's probaly easier to make an isurance claim, or accept that these things happen.

Worth contacting the manufacturer though, can't hurt.

vaio

Nah, generally liability flows from a contract and the consumer has no contract with the manufacturer (who is probably Chinese or Indian anyway so impractical to enforce any rights you did have.)

It's one of the reasons we have the Sale of Goods act which is worth a read but in summery it makes retailers responsible for all the costs associated with defective goods sold to consumers