Do we have a case to sue?

flubdub

Im not sure if this is in the right place!
Ok, so heres the story; basically, my 84 year old grandfather went into a Care home about a year ago. He is old, has dementia, and the care home take care of ALL of his needs (ie, washing his clothes). Three months after he went into the home, the care staff washed his clothes, without checking the pockets, and actually washed his watch. He has had this watch since my grandmother gave it to him on his 21st birthday! (she has since passed away) and it still worked perfectly. Its not particularly expensive, its a Timex watch, but it is more the principal of it. The care home are refusing to pay for it to be fixed. Its now at my dads house is three or four pieces. Weve had a rough estimate of £250 to have it fixed.
Do we have a case here to take the care home to Small Claims Court? Arent they responsible to pay?

lincroft1710

Which Timex model is it, as I find it hard to believe a 60 year old Timex watch would cost £250 to repair. I would have thought this would be more than its current value. Would they agree to replace the watch with one which is more reasonable in price.

The staff were clearly negligent. Knowing they were dealing with dementia patients, I think they must have been aware of the probability of items being in pockets, which should not be there.

However, in some situations keeping one's head below the parapet may be advisable. Remember these people are looking after your grandfather and it is not unknown for care home owners to be vindictive towards patients whose relatives have complained. The patient isn't always openly mistreated, but sometimes aspects of care get "forgotten". At worst they could say they no longer want your grandfather as a patient, and then you've got to find somewhere else for him.

These are obviously worse case scenarios, but from your post the care home doesn't seem to be as caring as it should be.

clive12

Yes they should probably pay but for £250 do you really want to be bothered with the hassle of taking them to court and then worrying how they will treat your relative after you have sued them.

flubdub

Thanks for your replies. My grandfather isnt resident with them anymore, hes in hospital now and will stay there. Im not sure of the model, but my dad took it took a very good local jewellers and that is what they quoted. We wouldnt accept a replacement watch, as the watch was bought by my dead grandmother 63 years ago. Its not so much the watch, but the sentimental value it holds.

McKneff

Why is it in 3 or 4 pieces, surely the person who gave it back to you gave it all in one piece.

Apart from the £250 what else is on the estimate, what is actually wrong with it.

Who took it to bits.

Just buy grandad a £9.99 Timex watch, bill the nursing home and let him live the rest of his life in peace.

It may be the principal, but what were they going to do with the watch, mend it then coat it in 24K gold.

McKneff

flubdub wrote: »

Thanks for your replies. My grandfather isnt resident with them anymore, hes in hospital now and will stay there. Im not sure of the model, but my dad took it took a very good local jewellers and that is what they quoted. We wouldnt accept a replacement watch, as the watch was bought by my dead grandmother 63 years ago. Its not so much the watch, but the sentimental value it holds.

If its of sentimental value, it really doesnt need to tell the time.

The sentimental value has not been broken.

flubdub

McKneff wrote: »

Why is it in 3 or 4 pieces, surely the person who gave it back to you gave it all in one piece.

Apart from the £250 what else is on the estimate, what is actually wrong with it.

Who took it to bits.

Just buy grandad a £9.99 Timex watch, bill the nursing home and let him live the rest of his life in peace.

It may be the principal, but what were they going to do with the watch, mend it then coat it in 24K gold.

Its just the way it came out of the washing machine - in bits.
With it being a big care home, Im assuming their washing machines are more the industrial type? And then the tumble tryer too......its had a fair battering.

flubdub

McKneff wrote: »

If its of sentimental value, it really doesnt need to tell the time.

The sentimental value has not been broken.

No, I agree, but it would be nice if it was still in one piece, even if it didnt work.

Im a little confused as to why I shouldnt get the home to pay for something that they have broken? Regardless of how much it cost. They broke it. Fairs fair.

McKneff

Take it to another jeweller for anohte estimate and dont telll them the amount of the other estimate.

I do find it an incredible price to be honest.

lincroft1710

Having re-read the original thread, it seems your grandfather has been without his watch for 9 months. Has he actually missed it?

I agree there is a principle involved, but if the watch hasn't been missed then it's a lot of hassle and also expense should you lose. It may be difficult to get a judgement for £250 repair of a watch probably worth no more than £25.

Annisele

I think this is one of the situations that may end up more hassle than it's worth.

Do you have power of attorney/guardianship for your grandfather? If you don't, the problem will be that it's his watch - and so if anybody is able to sue over it, it'll be him. He's presumably not in a position to sue himself, so somebody with PoA would have to do it for him. If you don't already have PoA/guardianship, getting it will likely cost you more than £250.

I agree with McKneff over the 'take it to another jeweller'. I am however wondering whether the first jeweller thought it was impossible to repair, and so gave you an eye-watering quote so you wouldn't bother asking him to fix it?