Damage to belongings from leaking can of drink?

matilda.cs

Hi All,
The week before last, I bought a can of monster from Boots.
I put it in my satchel and headed back to work. A short while later, I felt a wetness on the back of my leg, and knew immediately what had happened. (or so I thought)


I opened my bag to find the contents sloshing around in a puddle of Monster. I was gutted... It was a new leather bag from Next, and I had my phone charger and my sons iPod touch in my bag.


Needless to say, everything is ruined.


After inspecting the can, I discovered that it hadn't split open, or suffered a puncture.. It was just leaking. Literally, leaking.

Video: https://www.youtube.com/watch?v=1KjNoc9VXt0 (best viewed in 1440 quality)

I contacted Monster who asked me to return the can to them, which I have done, but they said it passed quality control and they would send me a hoodie and a replacement can. I told them I was less than happy with this response and want it escalating. I've showed them the video and I'm now waiting on a response.


The damage is around £250... If it was my fault and the can was just punctured by keys or something, I'd take it on the chin, but this isn't my fault at all, and my sons birthday present is damaged.


I just wanted to check what my rights are a buyer?


Thanks in advance, x

neilmcl

I'm not sure how that can pass QC. I'd send them a LBA.

HappyMJ

Your rights are to get a refund or replacement which they've done and as a goodwill gesture they've also given you a hoodie. Not sure if I would want a hoodie but hey ho. Sell it. They're currently about £30 on Ebay.

Problem is they aren't liable for any resulting damage to your belongings due to a manufacturing fault. You could send them the iPod and ask them to replace it with a new one. You could claim for a new iPod on your home insurance which hopefully covers your contents when away from the home.

The leather bag can be professionally cleaned so I'd just get that cleaned immediately keeping the invoice and sending a copy to the manufacturer and hope for a goodwill payment.

Phone charger's are dirt cheap anyway so just buy another one.

matilda.cs

neilmcl wrote: »

I'm not sure how that can pass QC. I'd send them a LBA.

Thank you!


Just to check... Whats an LBA?! (Google only finds Leeds Bradford Airport)

neilmcl

HappyMJ wrote: »

Your rights are to get a refund or replacement which they've done and as a goodwill gesture they've also given you a hoodie. Not sure if I would want a hoodie but hey ho. Sell it. They're currently about £30 on Ebay.

Problem is they aren't liable for any resulting damage to your belongings due to a manufacturing fault. You could send them the iPod and ask them to replace it with a new one. You could claim for a new iPod on your home insurance which hopefully covers your contents when away from the home.

The leather bag can be professionally cleaned so I'd just get that cleaned immediately keeping the invoice and sending a copy to the manufacturer and hope for a goodwill payment.

Phone charger's are dirt cheap anyway so just buy another one.

Since when? They will be liable for any consequential damages caused by the fault.

neilmcl

matilda.cs wrote: »

Thank you!


Just to check... Whats an LBA?! (Google only finds Leeds Bradford Airport)

Apologies, LBA = Letter Before Action.

matilda.cs

Ah, thanks neilmcl


I'm not a fan of HappyMJ's response, but I still value all responses.
I don't have house insurance that will cover the item. The charger wasn't a fortune, but it was around £30. It seems counter intuitive to just accept a hoodie when all that damage has occurred due to something beyond my control!

shaun_from_Africa

HappyMJ wrote: »

Problem is they aren't liable for any resulting damage to your belongings due to a manufacturing fault.

Yes they are.
You might find this useful matilda:
https://www.gov.uk/guidance/product-liability-and-safety-law

Liability consequences

If you are liable for harm caused by an unsafe product, you can be sued by anyone who is harmed - even if they didn’t buy the product themselves.

You can be sued for compensation for death or injury. You can also be sued for damage or loss of private property caused by faulty goods if the damage amounts to at least £275. The amount that can be claimed will depend on the harm suffered. There is no upper limit.

Many businesses take product liability insurance to protect them from legal costs and damages awards.

So make sure that you calculate the full replacement costs of your damaged goods,

powerful_Rogue

I think you'll struggle with this one.

Hard to tell from the video, but is it leaking from the ring pull section? Can you prove that it wasn't damaged by the charger, ipod etc whilst in your bag or that you didn't drop/knock you bag causing the seal to weaken?

From your response im presuming Monster haven't admitted liability as they said it passed quality control. If you send a LBA, you should also request the can back so you can get an independent report conducted which you can produce at court.

Shouldn't you have taken this up directly with Boots, as that's who your contract was with.

Mankysteve

They may be argument that when you put in the bag that something pressed down on the metal causing a small leak as that where it looks like where the leak is coming from.

I would agree about trying a letter before action, just beware of this counter claim that may be made.

burlington6

What is more likely

The can failed or something in your bag pierced it?

It's always going to be the latter