Solicitors in Leeds

Consumer law disputes

When buying goods as a consumer, from a trader in the course of their business, there are certain rights consumers have recourse to if the transaction does not go smoothly.

The law that applies is the Sale of Goods Act 1979. You will normally see terms and conditions accompanied by the statement ‘your statutory rights are not affected’. This means that whatever other “returns policy” the seller has it will comply with the UK law with respect to the sale of goods.

The legislation requires the trader to comply with three requirements.

Description

Under the Sale of Goods Act 1979 (SGA 1979), the goods must fit the description given. This applies to all goods including those that are second hand and antiques. If a trader includes a proviso such as “not to scale” then a breach under this section of the legislation would not apply. If this section is not abided by there may also be a breach under the Trade Descriptions Act.

The price must also be accurately disclosed otherwise a breach will occur under SGA 1979. If not this may breach the advertising standards regulations.

Satisfactory quality

The goods must be safe, and have no defects so as not to fall foul of this section. The next requirement will vary depending on a number of factors such as the price paid for the goods, and the identity of the trader or business it was bought from. If a cheap product is made from cheap sources then the satisfactory quality test will be lower than the expensive product made from finer sources.

Fitness for purpose

This category requires the product to be fit for the purpose for which it was bought. If for example you bought a dish-washer then this product should be capable of cleaning cutlery. If you ask whether a product is fit for a suitable purpose such as asking whether a mascara is waterproof and you find after buying the product that it is not they trader would be in breach of contract.

Your right to reject the goods

If any of the above statutory requirements have been breached then you as the consumer have the right to reject the goods within a ‘reasonable time’. The length considered reasonable will depend on the type of goods you have acquired. If the consumer is looking for the goods to be repaired or replaced then you are entitled to request that this be carry out within a maximum of six years after the original purchase.

NEIGHBOUR DISPUTES

The most common problems of neighbour disputes are:

Noise

• It is very important to talk to your noisy neighbours first before resolving to formal complaint. Explain what causes the noise and ask whether there is anything they can do about it.
• If the noise occurs on regular basis, it may be a good idea to keep record of it in order to have the evidence.
• Continues nuisance can be reported to your local authority’s Environmental Health Officer (EHO). They are able to measure the noise and stop the noise by seizing their noise-making equipment.
• If the problem is still not resolved, the local authority will serve a notice which can led to prosecution and an ASBO.

Boundary disputes

• Establish who is the owner of the land in dispute
• Check your title, lease documents and any previous agreements
• Royal Institute of Chartered Surveyors can resolve the problem. They provide 30 min free advice.
• Overhanging trees
• It is responsibility of your neighbour to trim overhanging tree into your property. If this is not done, you can trim it yourself.
• In the case that the tree creates danger to your assets, you can request local authority to do it for you.
• The owner of the tree will be liable in compensation for any damage cased
• Guide on how to deal with a neighbour dispute
• Speak or write a letter to your neighbour before taking complaint to the authorities
• Contact police if criminal activity is taking place
• Inform the environmental health department if your neighbour is breaching public health or pollution laws
• Planning control breaches are dealt with by planning departments
• Take advice from your solicitor to ensure that your complaint is takes seriously by your neighbour
• Refer to the Party Wall Act if you are building a new boundary with your neighbour or working on an existing wall.

In the context of product defects, what does strict liability mean?

If it is can be established that a product was defective and the user suffered loss as a result, the producer will be liable.  Fault or negligence does not have to be proven.  However, like other torts (negligence, for example), it has to be shown that there was a ‘casual’ link between the loss or harm caused.

What is a defective product?

Product liability is governed by the Consumer Protection Act 1987.

Products covered by the Act include general consumer goods, products used by businesses, components and pharmaceutical products.

A product is defective where it did not meet the reasonable expectations of the person using it at the time the product was supplied.  This is balanced against the use the product was intended for; how it was actually used and the instructions and warnings that were supplied with the product.

What can I claim for defective products?

The key thing that needs to be shown is that the product actually caused you loss or harm.  This can be defined as death, personal injury or private property.  As with most civil actions, if you can show this, you will be awarded compensation, so long as the amount is above £275.

There are two kinds of awards for damages in the context of product liability: general damages awarded for ‘pain, suffering and loss of amenity’ and special damages awarded for financial loss and expenses incurred as a result of the injury, which potentially includes costs of care, lost earnings etc.

The aim of the civil law is to, as much as possible, place those who have suffered loss in the same position had the event not taken place.  Naturally, if you are seriously injured and unable to work for a very long time, the damages will be significant.  However, even if you sustain a serious injury and subsequently recover, you may only be entitled to general damages.

What defences are available to producers?

The producer can use the development risk/state of the art defence if it can be shown that the technical know-how or knowledge at the time the product supplied was not sufficient enough to discover the defect.  As there is there is no element of negligence in strict liability, no element of reasonableness comes into play i.e. asking whether a reasonable producer would have taken steps to acquire existing knowledge.

Who should I sue for defective products?

The producer is usually liable for defective product.   If the product is manufactured by one company and branded by another, the branding company may also be joint liable if they put their name on the product and brand in such a way as to make the consumer think they produced it.  If the product is manufactured outside the EU, then the importer will be liable.

How long do I have to bring a claim?

Claims must be bought within three years of the injury or damage caused by the defective products or within three years of when the consumer discovered the injury.  Asbestos, for example, does not appear to cause injury for many years.  In either case, under statute law, any claims beyond this time limit will not be allowed.  It is best to act as soon as possible.