store or manufactuer?

paul2012

Hey all looking for some advice.

I purchsed a trike for my son for his birthday.

Went out on it and having fun then all of a sudden he goes flying, breaking his ipod (another birthday present) run over to him and hes bleeding so pick him and his broken ipod up give him a hug and he walks wth me back home while i carry his trike. Get home and realise the front wheel has split in half.

I was unsure if this was caused by him so the weekend take it to the store, they straight away say its a manufacturing error and say they had loads of problems before and at 1 point actually stopped stocking the product.

I told the assistant about the broken ipod and explained how my son has bruised all his leg and back and he told me i should contact the manufactuer and claim for the ipod. He told me the details for them will be on the instructions but they were not. I have rang head office several times requesting the info and each time they promise me they will ring me back the next day. 2 weeks later they still havent.

Am i right in thinking i can pursue them for replacement of the ipod? as i hae been told they they also have a duty to make sure all items are safe before sale.

Sorry for going on just trying not to miss any important info out.

paul2012

Just to add the trke is ages 5+ and states maximum weight of user 50kg. My son is 6 and weighs around 22kg.

Fosterdog

The area you may have a problem with is proving that the iPod was damaged by the trike. Why would a five year old have/need an iPod in the first place and why did he have it while on his trike?

If the trike hadn't broken, the iPod may still be broken if it say fell out of his pocket whilst riding along.

mpbaz

Dont think you will be able to claim for the pod as how can you prove that it was that incident that caused the damage? I think you will find they will only look to compensate you for the trike etc.

paddyrg

I also suspect you may get reimbursed for the trike, a few quid of vouchers for your inconvenience and bruising, and that's about it. It isn't a forseeable part of the manufacturers business that high-value electronic goods would be used in conjunction with their product (unlike say using a TV with a Wii, or for a docking station manufacturer to expect it to be used with an iPod), as such the dependency might be tough to demonstrate.

bazster

If you want to make a personal injury claim on behalf of your son then you should see a solicitor, but you need to crack on before the injuries clear up. In any case if I were you I'd take plenty of photos of the injury and the damaged trike.

ThumbRemote

But can no-one answer the OPs question - should they pursue the manufacturer or the retailer?

Jo_F

I would say, retailer for the trike, and no one for the ipod, I just can't see how it is the responsibility of either to deal with this, the responsibility lies with the parent that allowed a child on a trike with an ipod

ThumbRemote

Jo_F wrote: »

I would say, retailer for the trike, and no one for the ipod, I just can't see how it is the responsibility of either to deal with this, the responsibility lies with the parent that allowed a child on a trike with an ipod

So you can't answer the question either. You just feel the need to repeat what other people have already said.

In the event of an accident caused by a faulty product, someone is going to be liable for any accident or damage caused by that. You may not think the OP has much chance of claiming successfully; on the other hand I do think they've got a pretty good claim. The simple question is, who should they claim off?

maninthestreet

A five year old with an iPod??

wealdroam

ThumbRemote wrote: »

The simple question is, who should they claim off?

And the simple answer is, where personal injury is involved, both.

Or, as was suggested earlier, see a solicitor.