Bag broke damaging laptop

MandyAW92

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? 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.

This is basically the key point here, as the OP chose a random bag and then put a laptop in it, this is the OPs problem as the customer who made a bad descision. Theres no reason why a retailer would give you a refund or exchange the product, as they are not at fault.

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.

This happened to the OP because the retailer now does not want to pay for a new laptop as well as the original bag. this has become a concern for alot of companies as customers just looking for free stuff do things like this all of the time

vaio

MamaMoo wrote: »

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.

Shop was fully aware of the intended purpose which makes them liable (assuming they didn't advise against it)

SoG says that goods must be fit for their everyday purpose AND any other specific purpose the retailer was made aware of at the point of sale.

I agree that the padding a laptop bag normally has would be better but would only protect against the normal rough & tumble and isn't intended to protect against drops from shoulder height onto the floor.

The critical point is that the strap was defective & broke and the damage is a consequence of this and it doesn't matter what the damaged item is, laptop, camera, phone....the damaged flows from the defective strap and so the shop is liable.

MamaMoo_2

vaio wrote: »

Shop was fully aware of the intended purpose which makes them liable (assuming they didn't advise against it)

SoG says that goods must be fit for their everyday purpose AND any other specific purpose the retailer was made aware of at the point of sale.

I agree that the padding a laptop bag normally has would be better but would only protect against the normal rough & tumble and isn't intended to protect against drops from shoulder height onto the floor.

The critical point is that the strap was defective & broke and the damage is a consequence of this and it doesn't matter what the damaged item is, laptop, camera, phone....the damaged flows from the defective strap and so the shop is liable.

And how was the shop assistant to know that OP wouldn't have a protective case on the laptop when transporting it? Or how did they know that OP wasn't just gauging size?
The SA simply removed stuffing from a bag so OP could size test, I wouldn't say that makes them liable.

With regards to the strap, until we know the bag make/model and any weight limits we really can't comment on that. It could have broken due to misuse, we don't know.

societys_child

Shop was fully aware of the intended purpose which makes them liable (assuming they didn't advise against it)

So shop assistants are design engineers now? Don't think so.

peachyprice

vaio wrote: »

Shop was fully aware of the intended purpose which makes them liable (assuming they didn't advise against it)

SoG says that goods must be fit for their everyday purpose AND any other specific purpose the retailer was made aware of at the point of sale.

I really don't think it does make the shop liable.

The bag is suitable for the intended purpose OP made them aware of i.e the laptop fits.

Unless he specifically asked if the bag would protect his laptop I don't believe they are liable.

Nilrem

peachyprice wrote: »

I really don't think it does make the shop liable.

The bag is suitable for the intended purpose OP made them aware of i.e the laptop fits.

Unless he specifically asked if the bag would protect his laptop I don't believe they are liable.

That sounds like a pretty good summing up.

I could buy a bag and make sure it's big enough to hold a nice, expensive vase.

The bag would be fit for the job of carrying the vase (it's big enough), but not for protecting it.

Unless the OP was told the bag would protect the laptop, rather than just checking the laptop fitted I don't think he'll get far.

IIRC most proper laptop bags are actually padded and reinforced to protect the laptop to a degree* from rough handling as well as carry it (although I suspect most won't protect a laptop from a fall of more than a foot or so).


*How much tends to depend on the actual make of the bag - iirc you get standard ones, and then some that are intended for heavier use.

tinkerbell28

Op should've bought a protective laptop bag.

It is all well and good saying in theory, Soga says this, that and the other.

Op has to prove that one, the bag caused the damage with it breaking. That is wasn't something else. Two that he was sold it as a suitable laptop bag for carrying and protection.

If he cannot prove it, a court would decide on the balance of probabilities, I don't personally fancy his chances as why didn't he buy a proper bag?

Money-Saving-King

vaio wrote: »

Shop was fully aware of the intended purpose which makes them liable

How do you know? That is one massive assumption and where forums go completely wrong with people making statements like this then the op's going off guns blazing somewhere thinking they have genuine information.

We do not know the shop knew the intended purpose. If it was then intended purpose then ask yourself this, why did the op buy a bag and not a laptop carrier!! I bought a bag to put a laptop in that I use on holiday and isn't permanently being carried and I only use it for this once a year. How was the shop not to know the same thing unless the op was actually buying a laptop carrier!!

mattyprice4004

So by the OPs logic, I could go to Tesco, ask if I can buy a 10p bag and if it'll fit my laptop, if they say yes it will I can claim damages if it breaks?

Fantastic, I need a new laptop.

Or we could use logic and common sense.

vaio

Nilrem wrote: »

.......I could buy a bag and make sure it's big enough to hold a nice, expensive vase.

The bag would be fit for the job of carrying the vase (it's big enough), but not for protecting it.........

yep, and as long as the bag continued to carry it you have no complaint. If however the bag failed resulting in the vase falling from shoulder height to the floor then I'd say you would have a complaint.

Nilrem wrote: »

.........IIRC most proper laptop bags are actually padded and reinforced to protect the laptop to a degree from rough handling as well as carry it (although I suspect most won't protect a laptop from a fall of more than a foot or so).......

that's my point....if the OP was complaining that the non laptop bag he'd bought hadn't protected his laptop "to a degree from rough handling" as well as a proper laptop bag would have then he's on to a loser and I'd be saying he should have bought the proper bag if he wanted that sort of protection

But, I don't think this is about protection, as you say even a proper laptop bag wouldn't work when dropped from shoulder height on to the floor, this is about the consequence of goods being damaged because of a defective strap failing and, assuming the bag wasn't being overloaded or otherwise misused, then the shop is liable.

Similar logic would apply if it had been a phone/glasses or whatever had been damaged.

Also worth noting that some people (me included) avoid "proper" laptop bags because it's akin to carrying a "valuables enclosed" sign around on your back. Doing this I accept that the level of protection provided in *day to day* use is reduced but I'd still be chasing the shop if a bag failed and my laptop was damaged as a result.