Can a store be sued for selling dangerous shoes

wealdroam

Mrs_Wilson wrote: »

IMO the price has little relevance in this situation...

Unfortunately, the Sale of Goods Act says otherwise.

Section 14 of SoGA says (amongst other things):

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

Note that price should be taken into account when determining whether the quality is satisfactory.

powerful_Rogue

So in the 6 months you've roughly owned the shoes, did you not become aware that something with a plastic bottom is likely to be slippy when used on a wet surface?

mo786uk

The fact that soemthing is cheap does not make a huge difference to expectation on safety and enforcement of the law - much resources is put into cheap tat imported from abroad (by regulators) because it presents a risk - the fact that it is cheap is not relevant - its more about the volume and potential harm.

Some of you are missing the point - the waa gives the consumer a right to sue for an unsafe product that causes injury - that right has existed since 1932 since Donaghue v Stevennson under negligence and is enshrined in statute

http://www.legislation.gov.uk/ukpga/1987/43/section/2

Its not americanisation if you have a valid reason and from what the OP has said I don't think they have stupidly slipped up.

maybe csome of the naysayers should consider that if the manufacturer has produced an unsafe product then any losses they suffer might deter them from putting further unsafe products on the market.

ouchy2012

Mrs_Wilson wrote: »

I have just to looked on their website and I am pleased to see that I am not the only one to experience problems with these shoes!
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So you are happy to see other people have ended up in a&e?? :eek:
Maybe read the reviews before buying in future.

I bought some Jamie Oliver knifes the other day, I cut my finger on the chopping knife (the one that says chop) ...I wonder can I sue Jamie Oliver? after all the knife sliced my finger when it was meant to be a chopping knife not a slicing knife! :rotfl:

harrys_dad

£8 "trainers" with plastic soles??????????????? Why would anyone with a brain buy them for anything except use as carpet slippers. Oh yes, I know, walk through a puddle and sue Asda.

ThumbRemote

Faith177 wrote: »

Have you tried wearing converse in wet weather?

Which is of no relevance whatsoever as the OP was not wearing Converse, nor was it wet.

ThumbRemote

DaveTheMus wrote: »

We're you using these training shoes for actual training? If not then you were not using them for the purpose they were actually designed for.

You seem rather focussed on the concept of misusing a pair of shoes.

Since 'training' is likely to involve more exertion, so a greater a likelihood of slips, and a greater variety of surfaces than just casual wear, it's hardly misuse to not be training in them.

Essentially you seem to be arguing that a pair of training shoes would be misued because the wearer stopped running and started walking.

ThumbRemote

harrys_dad wrote: »

£8 "trainers" with plastic soles??????????????? Why would anyone with a brain buy them for anything except use as carpet slippers. Oh yes, I know, walk through a puddle and sue Asda.

Because the retailers description specifically states "Get active" and "Good for light exercise and sports".

So what you seem to be saying is that the retailers description is incorrect, and as such they are liable for negligence?

ThumbRemote

Mrs_Wilson wrote: »

Sorry Jacques, I thought I had already replied to you earlier.

I have just to looked on their website and I am pleased to see that I am not the only one to experience problems with these shoes!
IMO the price has little relevance in this situation but I'm sure many of you will say "If you buy something that is so cheap, what do you expect!" What you have to bear in mind is, that I had no desire to run in them, or use them for the gym, I already own trainers several pairs of Nike trainers for jogging etc.

Surely, I would not be pushing the Asda training shoes to their limits by walking half a mile down the road to buy a newspaper?

They were advertised as: Sports Trainers

The shoes description reads:

"Get active with these great value Sports trainers. Good for light exercise and sports, these shoes have a modern look and are made from strong, durable materials."

http://direct.asda.com/george/mens-shoes-boots/mesh-panel-sports-trainers/G004054944,default,pd.html

Please read the customer reviews as it appears others are unhappy too.

Taking into account Asda (via their website and customer comments) knew of the concerns raised in 2013, should they either have withdrawn this product from the market, or made it clear to the consumers that these trainers were substandard and liable to cause injury?
In light of this ...Has Asda been negligent?

To answer your main question - in my opinion Asda are negligent in selling these shoes. There are numerous reviews that state the soles are hard plastic, which appears to be unsafe for use in training shoes.

You therefore have three choices:

1. Do nothing and bin the shoes.
2. Pursue a refund of the shoes from Asda, as they are not of satisfactory quality.
3. Pursue a personal injury claim against Asda. You will need specialist advice for this, so contact a no-win no-fee solicitor for further advice.

Mrs_Wilson

ThumbRemote wrote: »

To answer your main question - in my opinion Asda are negligent in selling these shoes. There are numerous reviews that state the soles are hard plastic, which appears to be unsafe for use in training shoes.

You therefore have three choices:

1. Do nothing and bin the shoes.
2. Pursue a refund of the shoes from Asda, as they are not of satisfactory quality.
3. Pursue a personal injury claim against Asda. You will need specialist advice for this, so contact a no-win no-fee solicitor for further advice.

ThumbRemote,


Thank you so much, a straight answer to straight question...you're a star!:beer: