Can I claim for damage caused to a tap

kelfoan | 22:14 Thu 14th Jun 2012 | Civil

10 Answers

I have applied a cleaning product to a chrome plated tap. It has caused permanent staining to the tap. The cleaning product displays a picture of a tap on its label, suggesting it is appropriate to use on taps.The only caution on the products label is not to use it on gold plated products. There is no mention re chrome products. Would i be able to claim for a replacement tap either via the Consumer Protection act or for product liability for negligence?
Any case law or Acts which wre appropriate to my question would be appreciated

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kelfoan

Question Author

Sorry, forgot to add that I have already contacted the cleaning fluids manufacturer who have basically dismissed my request for the damaged tap to be replaced. I now want to put some 2weight" behind my claim by neing able to quote the relevant law which shows they have breached their liability of care. I will ultimately look at taking the case to the small claims court

cassa333

How much is a new tap?

Becuse unless it was so expensive that you simply can't replace it, the effort to get the manufactorer to pay for a replacement is going to far out weigh your time and effort.

There is normaly a disclaimer somewhere on the bottle or their website etc that says you have to make sure it is suitable for use not the other way around.

kelfoan

Question Author

It will cost £250 for tap + labour to replace it.The product only warns that it is not suitable for gold plated products, surely it should hac=ve also warned against using on chrome aswell? This is my case for negligence

cassa333

£250 for Tap!!! For a chrome plated tap!!! Where the hell did it come from?

It is usualy up to the purchaser of the product to make sure it is fit for use on the surfaces they want to use it.

Have you tested the product on other chrome appliances to see if it is the product or not that is the problem?

tonywiltshire

The consumer protection act 1987 does not require you to prove negligence, but there is a minimum compensation level of £275, so your taps at £250 are below the minimum level, but perhaps not with labour. A letter to the manufacturer pointing out that there omission in the instructions have caused you a loss may be your best option at present.
cassa makes some good points.

kelfoan

Question Author

Cassa, the tap is a Bristan bath shower mixer. As per their website it is made of brass and is chrome plated. Retail price at Homebase is £250.00.I understand your point about the purchaser making sure it is fit for use, but surely the manufacturer of the cleaning solution has a duty of care to warn against using on certain materials. It warns against use on gold plated but does not mention chrome plated.

cathfromsaron

most products say on the back to use with caution and to test on small area first ...

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mike11111

Ah, the duty of care! If only ginger beer bottles in 1932 had carried a warning reading: "Caution, this product may contain dead snails", we would scarcely have heard about the tort of negligence.