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Paint spilling in car

My Aunt rang me yesterday really upset, she'd bought some paint from her local store (branch of a large retailer) and put it in the boot of the car.

The paint had been mixed for her in store. Once she started driving, she noticed a paint smell and stopped the car, one of the tins of paint had spilled out and as she tried to mop it up went all over her clothes and has gone all over the carpet at the boot of the car.

She immediately returned to the store, and they said they couldnt do anything.

Does anyone know Who is at fault, my aunt for not checking the top was secure or the store for the person that mixed the paint and didnt put the top on properly.

Any advice would be appreciated.
Serious Lightbulb moment Jan 09
MISSION TO CLEAR DEBTS
Mum [strike]£660[/strike] 0 Tesco CC [strike]850[/strike] 0 Barclaycard CC [strike]2789[/strike] 0 Toysrus [strike] 357[/strike] 0 Ge Capital [strike]4768[/strike] 0
DFS [strike]553.88[/strike] 0:j:j:j
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Comments

  • G42
    G42 Posts: 198 Forumite
    I think that in this case it's more a matter of how the paint was placed in the car. Any paint can spill if it's not secured properly. If it tips over the weight of the paint can force the lid off. With that in mind I doubt if you'll have any luck with the shop as they will probably just deny that the top wasn't secure. Your Aunt cannot state that the lid wasn't secure otherwise she would have done something about it before driving off.
  • SaraSeahorse
    SaraSeahorse Posts: 582 Forumite
    soory to hear about spilt paint, nightmare! Sadly it is down to customer to check lid and place paint can safely in vehicle.

    Many shops often have signs now about checking lids on things like paint and cleaning products.
    Baby Milk Action is a non-profit organisation which aims to save lives and to end the avoidable suffering caused by inappropriate infant feeding.
  • mrsmx5
    mrsmx5 Posts: 46 Forumite
    Thanks for the replies, I did think that this would be the case, but it was still worth asking.

    Thankyou
    Serious Lightbulb moment Jan 09
    MISSION TO CLEAR DEBTS
    Mum [strike]£660[/strike] 0 Tesco CC [strike]850[/strike] 0 Barclaycard CC [strike]2789[/strike] 0 Toysrus [strike] 357[/strike] 0 Ge Capital [strike]4768[/strike] 0
    DFS [strike]553.88[/strike] 0:j:j:j
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am pretty sure they either advise you when you buy it,or its written on the tin.
  • paintpot
    paintpot Posts: 764 Forumite
    Most paint/DIY shops have a policy written somewhere that they will not be held liable for spillages and often there are stickers on the tin aswell to this effect. They usually, or you can request, to have metal clips put on the lid/tin to secure the lid in place but they can still come loose if the tin falls over.

    Sorry about that!
  • Bamber19
    Bamber19 Posts: 2,264 Forumite
    paintpot wrote: »
    Most paint/DIY shops have a policy written somewhere that they will not be held liable for spillages and often there are stickers on the tin aswell to this effect. They usually, or you can request, to have metal clips put on the lid/tin to secure the lid in place but they can still come loose if the tin falls over.

    Sorry about that!

    Saying you don't accept liability generally doesn't mean a thing if what happens is still actually your fault. It's just something they add so that half the people who are wronged in some way think there's nothing they can do. Doesn't matter much in a case like this where it's probably not the shop's fault.
    Bought, not Brought
  • lindos90
    lindos90 Posts: 3,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Might be worth contacting head office, especially as it was mixed in store, and therefore a staff member had just 'closed it', (compaired with all the other pots where they are 'factory fitted')

    I once had a 4 pint bottle of milk spill in my boot, tried to wash it out, used loads of 'fabreeze'. It was in the summer, so you can imagine the smell!!

    I emailed ASDA, to ask if they could advise me on something more 'industrial strength' to shift it, they replied by saying they would pay for it to be 'wet valleted' at a local company, all I had to do was send the batch number of the milk bottle and the 'seal' (which had not sealed) I was a very happy customer!

    Lots of people saying it says 'check the lid' on the tin...is that the case? Also are there any signs in that shop? Might just be worth checking. Also did the tin tip over in the boot, or did the paint just come over the sides when she was going round corners? -That would give some indication about how well the lid was pushed on after mixing.
  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    One of our local bus companies has notices saying you are not allowed to carry tins of paint on their buses.
    i thought the stuff you get mixed in store got clips put on the lid after mixing?
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
  • markelock
    markelock Posts: 1,735 Forumite
    Part of the Furniture Combo Breaker
    you could always go back yourself and get them to mix up the same tin, then check the quality of the workmanship? she needs a new tin anyway by the sounds of it, so they'll see you as a bona fide customer, rather than someone checking on them?

    otherwise it's just one of those things.
    Remember the time he ate my goldfish? And you lied and said I never had goldfish. Then why did I have the bowl Bart? Why did I have the bowl?
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