Gardening Accident

agrinnall

I agree with wealdroam that your brother's claim would have to be against your father, who may then be able to claim against the seller or manufacturer of the fork.

Lincroft, I broke a fork in normal use a few years ago, luckily it had a lifetime guarantee and was replaced without argument, and I'm still using it.

Takeaway_Addict

ILW wrote: »

How old is this fork?

very pertinent question though he says never been used so I would say relatively new.

There is also the proof required that it wasn't misused, looked after etc.

I would have thought it would be the manufacturers responsibility because surely if you sue the retailer they will sue the manufacturer in turn?

yangptangkipperbang

For forks sake !!!!!!

CoolHotCold

Takeaway_Addict wrote: »

very pertinent question though he says never been used so I would say relatively new.

There is also the proof required that it wasn't misused, looked after etc.

I would have thought it would be the manufacturers responsibility because surely if you sue the retailer they will sue the manufacturer in turn?

But there is no direct link between OP and manufacture. You can contact Trading Standards as the manufacture may of broken the law by selling unsafe goods and TS can then forward it onto the CPS, but you'll get no compensation.

InsideInsurance

Takeaway_Addict wrote: »

I would have thought it would be the manufacturers responsibility because surely if you sue the retailer they will sue the manufacturer in turn?

The "Paisley Snail" case (Donoghue v Stevenson [1932]) established that someone can sue the manufacturer directly even though there is no contract between them and the claimant. A manufacturer has a duty of care to the users of its goods irrespective of the supply chain or anything else.

A case can be brought against the retailer where you also have legislation on top of common law stating their obligations but from memory (and I am happy to be correct) SoGA etc does not cover subsequent loss which the facial injury would be considered.

forgotmyname

Not made like they used to be...

I bought a fork from B&Q a while back. Stainless one with a wooden shaft/handle.

Guaranteed for life it says. It didnt last long before the shaft snapped. Took it back to B&Q they looked at the lifetime guarantee and sai i needed to contact the manufacturer. But when i said i bought it a week or two back she looked at the receipt and said pick another if you want.

I make sure i only use it for lighter work now. Got an old one and use that for the heavy stuff.