Shark Battery Exploded and caused house fire

Bianca4685

My Shark vacuum cleaner battery exploded a couple of weeks ago.  It caused a house fire.  I managed to put the fire out, but there is significant smoke damage to the property and my furnishings and I have had to move out of the property temporarily.  The Landlord is claiming her insurance for the decor works required, I have submitted a claim to Shark for the contents damaged, however, don't seem to be getting anywhere with them.
They said they will contact the loss adjuster and will require to attend any inspections.  They haven't contacted them and the loss adjuster has been to the property already, along with the fire investigator.
The battery wasn't on charge, wasn't in use.  It was just sitting on my kitchen worktop when it exploded and caught fire.
Any advice on legal routes etc to go down with Shark would be appreciated.
They came back to me this morning to say that the cause of the fire was still under investigation.  I don't understand how they can say this if they haven't even seen the battery or if they have never asked to visit the property.
Very frustrating!!

BoGoF

To be clear, you do not have contents insurance?

DullGreyGuy

You'd normally claim off your Home Contents insurance and let them decide if there are prospects of holding Shark liable and recovering their outlay. 

If you dont have contents insurance I'd be trying to piggyback of anything the Landlords Insurer is doing regarding recoveries. They won't pay you out but if they commission a report on the battery etc they may share or sell a copy to you so you can use the same. Home insurers are bad at making recoveries compared to Motor etc as its much rarer that there is an opportunity so they may come to the conclusion its not economical to attempt recovery. 

Bianca4685

Yes, no contents cover in place.  Silly, I know!

The Landlord has requested a copy of the fire investigation report from the fire investigator.  If I can get a copy of that, I will send over to Shark as proof.  So frustrating being in limbo!

I really thought it would be easy to claim them given it was their faulty product that blew up and was still in warranty.

TELLIT01

How long have you had the vacuum cleaner and/or battery?  Manufacturers won't just accept the word of somebody claiming off them, they will require evidence to support the claim.

DullGreyGuy

Bianca4685 said:

Yes, no contents cover in place.  Silly, I know!

The Landlord has requested a copy of the fire investigation report from the fire investigator.  If I can get a copy of that, I will send over to Shark as proof.  So frustrating being in limbo!

I really thought it would be easy to claim them given it was their faulty product that blew up and was still in warranty.

You need to prove it was a faulty product and not something you had done (eg using a non-standard charger, damaged the battery etc) 

Most fire investigator reports are fairly basic, just to manage expectations. 

Bianca4685

DullGreyGuy said:

Bianca4685 said:

Yes, no contents cover in place.  Silly, I know!

The Landlord has requested a copy of the fire investigation report from the fire investigator.  If I can get a copy of that, I will send over to Shark as proof.  So frustrating being in limbo!

I really thought it would be easy to claim them given it was their faulty product that blew up and was still in warranty.

You need to prove it was a faulty product and not something you had done (eg using a non-standard charger, damaged the battery etc) 

Most fire investigator reports are fairly basic, just to manage expectations. 

Any advice on how to prove it was a faulty product?

Thanks for your help! 

Bianca4685

TELLIT01 said:

How long have you had the vacuum cleaner and/or battery?  Manufacturers won't just accept the word of somebody claiming off them, they will require evidence to support the claim.

TELLIT01 said:

How long have you had the vacuum cleaner and/or battery?  Manufacturers won't just accept the word of somebody claiming off them, they will require evidence to support the claim.

Hi, vacuum cleaner and 2 batteries were purchased Oct 2022.  You get a 2 year guarantee on the batteries.  

DullGreyGuy

As above, if you're not in a hurry then let the Landlord's insurance do the heavy lifting and ride their shirt tails. 

If you're not in a position to wait that long then see what the existing commissioned reports state and forward them to Shark. They may deem them sufficient or they may say they believe you'd used a dodgy charger or such and you then need to consider how you'd disprove it. 

Presumably you are already documenting what's been damaged and either the cost to repair them or their value if unrepairable, getting a quote for cleaning etc? Remember this isn't the same as a home insurance claim and so typically won't be settled on a new for old basis.

the_lunatic_is_in_my_head

Hello OP

The below covers brief guidance on who is responsible: 

https://www.businesscompanion.info/en/quick-guides/product-safety/unsafe-goods-liability

In terms of proof I believe burden of proof is on the party making the claim (i.e yourself) but it would be on the balance of probability (50/50) rather than beyond reasonable doubt. 

In terms of money, how much would you be looking to claim from Shark?

Bianca4685

The Landlord doesn't have contents cover, so unfortunately all of my things aren't covered.

I have claimed £3558, which covers new sofa/carpets in lounge and hall/staircase, MW, kettle toaster, placements, vase and flowers, pot, cooker wood.  I have also requested a refund for the vacuum cleaner, extra battery purchased.

I have also claimed £520 to have the other carpets and kitchen chairs cleaned and deoderised.