store or manufactuer?

Fosterdog

ThumbRemote wrote: »

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

Actually everyone has answered OPs question. OP didn't ask who to pursue for personal injury, the only question asked was who to pursue for the cost of the iPod and everyone has said that the damage to the iPod is not something that can be chased given the circumstances.

For the personal injury side of it then it is the retailer that the contract is with but it won't hurt to also contact the manufacturer who may go above and beyond what they have to in the name of good customer service.

Looksguywalker

maninthestreet wrote: »

A five year old with an iPod??

I know...my nephew is nine years old and has every gadget you can imagine....his mum thinks he's intelligent because he can take her picture on his DS and make it look 'funny'. Can he write his name legibly? Can he Falkirk! It's truly not his fault though I know.

paul2012

I think a few of you missed my second post my sons 6 not 5. He had an ipod as i got it him for is birthday as i was fed up of him using mine for his games - did not think there was an age limit on these, maybe ive missed something but im pretty sure im allowed to buy my son what ever i like for his birthday without people needing to know why.

The ipod was in clipped inside his pocket - he wasnt listening to it at the time. If he hadnt of came of the trike the Ipod would not have fallen out of his pocket, althought i do agree this would be hard to prove.

I did take photos of the injuries, the staff i rang told me i should do this, maybe i should just see what they say about the injuries.If i was to claim for the injuries who would it be best to start with the store of manufactuer?

paul2012

paddyrg wrote: »

. It isn't a forseeable part of the manufacturers business that high-value electronic goods would be used in conjunction with their product

It was not being used in conjunction with the trike, it was in his pocket. Silly maybe but then i also carry my ipod in my pocket.

paddyrg

paul2012 wrote: »

It was not being used in conjunction with the trike, it was in his pocket. Silly maybe but then i also carry my ipod in my pocket.

Hi Paul, that's what I'm trying to say really - if the objects were commonly used together you may have more chance eg if a Wii damaged a TV. With the items being unrelated, I couldn't see any kind of causal type link which would mean they should account for it.

Now nobody knows if you do follow this up whether you'll get a result or not, by all means try, but a court is unlikely to hold the manufacturer to a replacement iPod *as far as we can see*. But hey, it is a case by case thing.

sarahg1969

Pages 6 and 7 of this should assist:

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

Under consumer protection legislation, you can pursue the manufacturer or importer (into the EU), if the item was faulty and there was consequential loss.

bazster

paul2012 wrote: »

I did take photos of the injuries, the staff i rang told me i should do this, maybe i should just see what they say about the injuries.If i was to claim for the injuries who would it be best to start with the store of manufactuer?

If you were to claim for the injuries it would be best to start with a solicitor. If you have a decent case there will be plenty willing to take it on no-win no-fee, or you may have a legal-expenses add-on to your home insurance.

mpbaz

ThumbRemote wrote: »

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

Its the store the contract is with them the shop has the contract with the manufacturer they will try and fob yopu off with manufacturer but stck to your guns the sold it and under SOGA it is them that rectifies it etc. If it comes to a claim all that happens is the store counter sues the manufacurer or at the least requires them to pay any losses they have incurred due to your court action .

ThumbRemote

Fosterdog wrote: »

Actually everyone has answered OPs question. OP didn't ask who to pursue for personal injury, the only question asked was who to pursue for the cost of the iPod and everyone has said that the damage to the iPod is not something that can be chased given the circumstances.

Wrong.

The damage to the iPod IS something that the OP can chase. The opinions so far are that they have little chance of success at the end of that chase (opinions which I entirely disagree with, I think they have a very good chance of success)

Anyway, it looks like sarahg1969 has provided a sensible answer.

paul2012

Thankyou for the replies all, really do appreciate them as Ive never done anything like this before. As the compnay i purchased it from are ignoring me each time i request details of manufatuer ive emailed them stating i intend to claim for compensation for the personal injuries and the Ipod, guess its worth trying and hoping. Ive included photos etc now just waiting for them to reply i guess.