claiming against importer.

bod1467

Exactly. 2.4GHz is effectively unlicensed spectrum so many things use it. (Even microwave ovens).

mattyprice4004

I'd say you have no claim, the toy and box will have been plastered with warnings.

If the battery is still attached to the unit and it's powered on, why you'd have your hands near the blades is anyone's guess.

sarahg1969

wealdroam wrote: »

OP, as has been said, you have no claim at all against the importer.

Not so. Under consumer protection legislation (Consumer Protection Act 1987), if a faulty item has caused injuries, compensation can be sought from the supplier, importer or manufacturer. There is no need to prove negligence, only that the item was defective. The problem that the OP has is proving that the item was faulty, if it's not availabe for inspection.

baza52

but in this case it would be "the supplier" not the importer or manafacturer.

Sory to burst ya bubble

you would also have trouble if the importer or manafacturer was not based in the UK.
UK laws dont apply to them only local ones

sarahg1969

baza52 wrote: »

Sory to burst ya bubble

I was clarifying that it is wrong that you can only claim against the retailer.

However, you are also wrong.

You can also make a claim against an importer who imports into the EC. In fact, if the product is imported into another EC country before being imported into the UK, your claim would be against the first importer.

The Consumer Protection Act is derived from an EC directive, which covers all of the other EC countries.

http://www.bis.gov.uk/files/file22866.pdf

wealdroam

sarahg1969 wrote: »

Not so. Under consumer protection legislation (Consumer Protection Act 1987), if a faulty item has caused injuries, compensation can be sought from the supplier, importer or manufacturer. There is no need to prove negligence, only that the item was defective. The problem that the OP has is proving that the item was faulty, if it's not availabe for inspection.

Thank you for the correction Sarahg1969.

Interesting to note that para 6 in that doc you linked to in post #26 specifically excludes the retailer from liability...

6 Other suppliers, such as wholesalers and retailers, are not liable unless they fail to identify the producer, importer or “own-brander” if asked to do so by a person suffering damage.

OP, sorry for any confusion caused.

sarahg1969

wealdroam wrote: »

Thank you for the correction Sarahg1969.

Interesting to note that para 6 in that doc you linked to in post #6 specifically excludes the retailer from liability...
OP, sorry for any confusion caused.

Sorry, yes. The OP would have recourse against the retailer in negligence (subject to evidence of negligence). And could pursue the importer or manufacturer under product liabiilty legislation.

However, all of this is academic if the OP can't prove the item was defective.

cindychops

mattyprice4004 wrote: »

I'd say you have no claim, the toy and box will have been plastered with warnings.

If the battery is still attached to the unit and it's powered on, why you'd have your hands near the blades is anyone's guess.

You should always diconnect the battery 1st then turn off the transmitter,the blades were not spinning when i went to unplug the battery but as they spin at 200mph at the tips they caught my hand as i tried to move my hands out of the way.
Just before i removed the battery the servos started glitching and the safest thing to do way to cut the power,the 2.4ghz tx is binded to each individual helicopter so interference was not an issue.
The shop owner sent the heli back to the importer on my behalf to get it checked for faults(the fact that the cover for the battery compartment did'nt fit was'nt mentioned)also that there are 3 sets of conflicting instructions english/chinglish/ummendment for previous printed english,but as this was my 4th helicopter and have had no trouble (or finger removals) before i am sure that the product was faulty.

paddyrg

If you used it according to the instructions (ie if it says to disconnect the battery before turning off the Tx), then you may have something. Do you have the time/courage/money to press the issue through the courts?

cindychops

paddyrg wrote: »

If you used it according to the instructions (ie if it says to disconnect the battery before turning off the Tx), then you may have something. Do you have the time/courage/money to press the issue through the courts?

My solicitor (no win no fee)is prepared to take the case on as he says
if the item is faulty then they will have to provide evidence that it is regardless of any goodwill gestures?