Bag broke damaging laptop

sep200

I bought a back pack at the end of April this year, with the express intention of carrying my laptop and folder in it.
When I bought it I took the contents to the shop to ensure the bag was the right size, the member of staff in the shop removed the stuffing so that I could do this, so was fully aware of my intent. He said nothing about the bag not being suitable.

Roll on 2 months and I got the bag out of the boot of my car and put one strap on my shoulder, but before I could put the other on the strap broke and the bag fell to the floor. When I inspected the contents, the laptop casing had cracked at one corner on both halves (keyboard and screen).

I contacted the shop to speak to the manager and was told to call again this morning, which I did. I told the manager the bag had broken and he said he would replace it, however, when I mentioned the laptop inside his whole attitude changed. He asked if it had broken and I clearly stated it was the casing that had cracked. He then said I should not drop a laptop and asked if it was insured. When I said that it was because of the bag breaking that the laptop was broken, he started saying it that it depends how the bag was used. Finally I pointed out that SOGA states that it is the responsibility of the retailer to prove the bag was not faulty as it is less than 6 months old. At this point he told me he would not even replace the bag and hung up.

I'm going to contact CAB but as I've seen some useful info on this forum, was curious about other's experiences and ideas.
Many TIA

LutonGirl

Was it a backpack designed for carrying a laptop, or just a regular backpack?

maninthestreet

SOGA doesn't cover consequential damage to other property caused by failure of item you have bought from a shop - AFAIK.

MamaMoo_2

LutonGirl wrote: »

Was it a backpack designed for carrying a laptop, or just a regular backpack?

^This. Also, did the bag state any weight limits?

AnnieO1234

It sounds to me from what OP said that this is just a bag, any old bag, therefore I don't see there is anything to be done. If it was a laptop specific carrier, even then it would come down to fair use and what precisely went wrong.

A

sep200

1st, thanks to MSE for the warning sticker, it gave me a giggle.
And thanks for the responses.
3 of them I can pretty much respond to as one.
I was not specifically a laptop backpack, however, as I mentioned the seller helped me test my laptop for size and did not say the bag would not be suitable/not strong enough, etc. And no there was no weight limit on the label (which foolishly gave me a false sense of security). But I can see where you're all going with that, thanks.

As for consequential damage, I did wonder as the only thing could find was about injury caused by failure. TY

btw CAB was closed when I called, as and when I know any further, I'll update this thread.

MamaMoo_2

Can you link to the bag you purchased? Or if you can't post a link, name the brand/type and where it was purchased?

Unfortunately, there's a reason that laptop bags exist, they have extra padding so that in the event the bag is dropped, the laptop is protected.

Whether the items fit or not is, unfortunately, irrelevant.
The sales assistant may have helped you ensure the item fit, but unless they specifically recommended the bag as suitable for a laptop then the store have done nothing wrong.

maninthestreet

OP - do you have household contents insurance? If you have ,does it cover you for accidental damage to laptops away from your home?

vaio

maninthestreet wrote: »

SOGA doesn't cover consequential damage to other property caused by failure of item you have bought from a shop - AFAIK.

I'm sure that consequential losses are covered, subject to the normal caveats

maninthestreet wrote: »

OP - do you have household contents insurance? If you have ,does it cover you for accidental damage to laptops away from your home?

a good last resort but will impact on NCB & future premiums so, as the shop sounds like they are liable I'd be chasing them rather than my own insurance

MamaMoo_2

vaio wrote: »

a good last resort but will impact on NCB & future premiums so, as the shop sounds like they are liable I'd be chasing them rather than my own insurance

What makes you think that? OP chose a bag with no advice from a sales assistant. We still don't know whether the bag has a weight limit. OP was also fully aware that it wasn't a laptop bag, and as such wouldn't offer the usual assurances a laptop bag would.

fozmcfc

Why should the shop assistant, hazard a guess and say oh by the way, I don't think that bag will carry your laptop around long before the strap breaks. How would they even know?

It's the same as going into a supermarket and placing a 5 litre bottle of water in one standard flimsy carrier. If you make the choice not to choose something more suitable to carry the item you want to, then that's entirely up to the customer.

There are even rucksacks designed for the exact purpose the OP wanted it for, but chose instead to go for one that wasn't, entirely down to the customer IMO.