Phone damage due to broken phone holder

ezzymn

Hey guys,

I was using a phone holder mount on my road bike, when a part failed (sheared straight through) which really shouldn't have. As a result, the phone and holding section fell and damaged the phone.

I contacted the seller, who offered me a prompt refund for the mount, but is this a gesture of good faith or do I have some leg to stand on that a failure of their product damaged my goods?

I did try to find anything on the internet but google didn't seem to want to direct me to anything useful

Thanks in advance for any input
Ezzymn

unholyangel

When did you buy it?

The only problem i see might arise is when you ask about your phone, they may either ask you to prove it was inherently faulty (and hadn't taken a knock or something at one point or wasn't incorrectly installed/damaged during installation) or (if the burden of proof is on them) come back and say it was physical damage.

You should have a claim against the manufacturer/importer & retailer under product liability laws. It doesn't cover damage to the item itself (as thats covered under other statutory & contractual provisions) but it does where failure causes damage/injury to something else/someone. The damages need to be more than £275 though (although with phones nowadays, it possibly is).

bris

Physical damage with be hard to prove as a fault, especially on a bike where coming off is a common thing.