Legal query: who has the legal responsibility here?

jenniewb

peachyprice wrote: »

What food was it? Was there any advice that it 'may contain bones' or the like?

It was a dryroasted chickpea. They are a snack food in India apparently, but having spoken to friends who have had the real deal, they are not as crunchy/difficult to bite.

The food itself was not sold personally to the manufacturer but was an exclusive to the store I purchased it from. It can't be bought anywhere else. I would have thought it was their responsibility to sell items which are safe to eat and if they are not it was their responsibility-they are an otherwise well known well trusted shop on most British high streets.

As an add on, their nutritional details don't add up- this is a separate issue but I've no way to take action on that. It could affect those who are trying to watch their calories or salt intake though. It just adds to the bigger picture I get of the manufacturer as one who really doesn't care and is only in it for the money. When I complained to the manufacturer they said what I experienced wasn't possible (because their food is perfect??) and offered me £300. Sorry but £300 isn't going to cover any of my costs let alone vouch for the pain and sleepless nights I went through whilst I tried to get it treated!


But this is all a bit of a tangent- what I am trying to do is work out where the responsibility sits and where I go next to get things resolved. I really don't want to hire a no-win-no-fee lawyer who I think will be overly agressive and expensive, I want to resolve this amicably if possible and have the brand understand what has happend and feel they should take action not are forced to. I know that's an ideal but...

jenniewb

agrinnall wrote: »

If you want legal advice you have to get it from a solicitor or other suitably qualified legal professional. Anything you're told on here is opinion.

I've spoken with two forms of legal advice when it happened and was told the responsibility sits with the vendor not the manufacturer, but now I have (After months of waiting) a letter from the lawyers of the vendor telling me they have no liability because the liability sits with the manufacturer. (Important: Not that there is no case but that it's not for them to take action on).
They had already taken months (6 of them) apparently running investigations before agreeing on what happened to my tooth being caused by the item in question (a Dentist had already stated this after my emergency visit and later treatment) yet despite having agreed the fault they now don't agree it is anything to do with them, against what I have been advised.

I don't know what I do next because I going on what I have been told I don't agree and want to appeal but don't even know if this is possible or what I do to do that. I don't know how or what to do next. Hence by question here. I don't know where else to turn, I don't know much at all about the legal world and was asking to see if anyone could help because this doesn't seem right to me.

unforeseen

Have you bought another bag to compare? It may well be that is the way that particular manufacturer prepares them.

Even in India different producers make them different ways. There is no official way,

agrinnall

jenniewb wrote: »

..but now I have (After months of waiting) a letter from the lawyers of the vendor telling me they have no liability because the liability sits with the manufacturer.

Well they would say that, wouldn't they?

Have you also written to the manufacturer, and have they responded?

If you want to pursue this my suggestion (which has absolutely no legal backing) is that you send a Letter Before Action to both the retailer and the manufacturer setting out your claim, then assuming neither of them pays up, start a small claim action involving both of them and if it gets to court let the judge decide on who is responsible.

sheramber

My husband had an emergency appointment fee, a fee for a permanent filling ( both NHS) , then when the manufacturer accepted responsibility and asked what was required for the best future of the
tooth the dentist advised a crown which was private treatment.

All the above fees were paid.

We could not fault the manufacturer who immediately said they would cover the costs and kept in regular touch with my husband until the treatment was completed.

The fact that my husband sent them the evidence probably helped establish his case.

MiserlyMartin

sheramber wrote: »

My husband broke a tooth when eating a bag of crisps. A very , hard small piece caused th damage.

He sent the offending particle and the bit of tooth to the manufacturer.

They investigated and replied that one of the machines had been blunt and had not cut up the potato properly. As a result the piece of potato was baked hard.

They paid for private dental treatment as the treatment required to give the best results was not available on the NHS, which would only cover a basic filling.

His dentist did have to complete a long questionnaire about the treatment needed for the best outcome for the future.

The payment was made by the manufacturer's insurance company but the manufacturer kept in constant contact until it was finalised.

Looks like I'm missing a trick here. I broke a tooth on some very hard chocolate bits inside a tub of Lidl Cookies and Cream icecream but never crossed my mind to persue Lidl for costs or damages.

They really should not have been that hard. Though I should imagine the defence from Lidl would be was your tooth healthy.. because any weak tooth will break and a hard bit of food will do it.

Ectophile

I broke a tooth on an Opal Fruit* once. If you have bad enough teeth, you can break them on anything.

*For the youngsters, they have now been rebranded as Starburst.

Ectophile

Cases where a person is injured by a faulty product are not the same as normal consumer protection cases, as the consumer can bring a case against the manufacturer or importer. See https://www.gov.uk/guidance/product-liability-and-safety-law

powerful_Rogue

jenniewb wrote: »

I've spoken with two forms of legal advice when it happened and was told the responsibility sits with the vendor not the manufacturer, but now I have (After months of waiting) a letter from the lawyers of the vendor telling me they have no liability because the liability sits with the manufacturer.

And what did the two legal advice people say when you went back them regarding this?