Exploding Table! What are my chances in the Small Claims Court?

MoneySavingAndy

Hi Money Savers,

I bought a glass table (on-line) just over two years ago (Nov 2017) for £569. I arrived home after a day out with my family to find (as you can see from the picture) that it had spontaneously shattered, sending glass everywhere. Fortunately, we were out, and the only damage caused was to the table itself.

The retailer has been communicative, but essentially said that after two years, then under consumer law the burden of proof is on me to demonstrate that the table's untimely demise was not down to me and therefore they are not obliged to replace it. The Citizen's Advice Bureau has said essentially the same. They have offered me a discount on a new table, but their suggestions are not of a suitable size/style; alternatively they have offered me £100 goodwill payment.

I paid for the table by credit card (Barclaycard), but if I go to them, are they likely to say the same as the retailer?

In my mind the SAD FART rules (goods must be of Satisfactory quality, As Described, Fit for purpose And last a Reasonable length of Time) apply, and a table that explodes after about two years does not meet these requirements. I can essentially prove that I was out all day and that the table was intact before going out, and that we did not touch the table (we have no pets, there was no break in, the room temperature was stable, etc.), and I can demonstrate that what remains of it is in excellent condition, but I can't prove that the main glass slab that is now in billions of tiny pieces of sharp glass was not in some way damaged in the first place.

My only interest is in replacing the table: no-one was hurt, I just have no table, and I don't think their response is reasonable. A table should be expected to last tens of years, not just a couple of years.

I am minded to file a claim through the Small Clams Court, but was wondering if anyone who has experience of doing this (either a disappointed consumer like me, a lawyer or even a judge) could give me an idea of how that might go? This is in no way a frivolous claim - I clearly have a smashed table and picture of it - but if I lost and therefore also lost my £60 fee, that would be a lesson learned, but could it get worse in that I might get stung for their defence costs? Will I just have to submit a claim on-line with the best evidence I can, sit back and wait for a judgement, or might I have to give evidence in person somewhere and spend hours working on the case?

Many thanks for any advice,

Andy.

spadoosh

I dont see you getting very far with this. 

Its safety glass. You couldve done something to it 6 months ago which made it smash when you where out. The tiniest chip or scratch can sit there doing nothing and then, its actually usually in the middle of the night  from what ive seen (in this case nomrally shower screen), its just goes pop. 

The issue being you need to prove it was a manufacturing fault, what evidence do you have of that? A broken table and you being out will not be sufficient. 

Id take the £100 and buy a sheet of safety glass to replace it.

P.s. did the candle land perfectly on the frame? Thats pretty cool. 

Aylesbury_Duck

As above, I'd take the £100 which I think is generous.  I think you'd have an uphill struggle proving you didn't do something to the glass at some point that created a weakness or micro fracture.  It may have been something as innocuous as putting a plate or glass down on top of a grain of sand or something equally hard.  How can you prove that or something similar didn't happen at any point in the last two years?

davidmcn

Bear in mind that after over two years' use you're not entitled to a full refund or a brand new replacement, even if you can prove liability. £100 probably goes a fair way towards the cost of a second-hand non-smashed table, which is what you ought to have.

born_again

Given the retailer has offered a resolution. The CC co will say that due to that and the fact that you can not prove anything. To take the offer.
Retailer has gone over & above.

pinkshoes

If it went to court, you would need to prove that the fault was there at the point of purchase. 

In 2 years, you might have done something to weaken the table that caused it to shatter. It would be impossible to prove otherwise. Also, if there was an inherent fault it would more than likely have shown itself long before this.

I would take the money!

MoneySavingAndy

Thank you all very much for your helpful replies, they are really appreciated. Whilst the situation feels somewhat unjust, the odds do appear to be stacked against me in terms of achieving the result I was hoping for, so I will have to chalk this one up to experience!

lincroft1710

The situation is not "unjust".

You have an item which is made from a fragile material easily broken and not really intended for the use to which it has been put. You, a member of your family or a visitor could easily have caused the initial damage which led to its failure. 

The £100 offer is extremely generous as it would be virtually impossible for you to attempt to prove an inherent fault.

mattyprice4004

I've always thought glass tables are an inherently daft idea - a material that's stressed by design being subject to objects being placed on and off it (potentially leaving tiny chips that'll go pop) and stress loading from the weight of such items. 

I've gone back to oak now - after having an oven door and shower screen go bang, I didn't want my fish and chips to end up full of glass.  

Spank

How do you stop the oven door from catching fire?

mikb

mattyprice4004 said:

 I didn't want my fish and chips to end up full of glass.  

And you want to be able to put a can of soda down without this happening ....