I am in need of some advice and wondered if anyone could help. I had a bad off on the 5th of May, a highside that resulted in multiple fractures (both bones in right shoulder and all the ribs on right side of chest) and a 2 week stay in hospital. I may still need a plate put in the shoulder as I have to see how it is healing. The worst injury though happened when the zip of my new jacket failed and I ended up going down the road on my chest and stomach, this meant me having surgery under a general to get all the gravel and crap out of my skin. The jacket I was wearing was brand new (bought in feb this year) and had all the armour in place (shoulders, elbows and back). So my question is this, as the zip failed and the armour failed to protect my shoulders do I have a case against the jacket makers? I am not too proud to say that all I want is my money back or a replacement jacket, this thing cost me £450 and I had to wait 4 weeks for the order. I am not going to name names just yet as I am yet to approach the guy who got it for me. A lot of you guys seem to know your stuff so I wanted to put the question out here first. Also I am not going to go through the insurance as it is just plastics, engine covers and one scorpion can that got damaged but I am not sure who to use to get the busa repaired. Daytona and pdq are top of my list at the moment unless anyone knows better. Thanks for your time guys and look forward to your replys.
Sorry to hear that mate.
£450 for a jacket isn’t cheap! If it’s only bought in February and it’s already failed due to the zip failing, it doesn’t sound too promising as a case against the manufacturer. It sounds like you’ve been through hell for the past 2 weeks. Does it not make sense to go through insurance to reclaim… but I guess that would make it harder to pay for insuring a 'busa…
I guess the jacket was a CE certified type. Will they manufacturer not just argue that it wasn’t zipped up properly? Maybe raise it with the shop who sold it to you. If it’s a good make, they should be able to repair it like new…
Good luck…
First of all, sorry about your off and your injuries.
I would speak to the place you bought the jacket from, if no success there, go straight to the manufacturer. The manufacturers should want to know if a produce of theirs have failed.
Thanks for taking the time to reply, appreciated. Just wanted to add that a repair is out of the question, scissor-happy paramedics saw to that! I did have people with me that will verify the jacket was zipped up correctly, the zip itself actually came open on impact with the fastener stuck at the top. Once again thanks to all and hopefully see you all soon, about another 2-3 months!
You can claim against the manufacture through a solicitor and not through your insurance… however, i do think you need reasonable evidence that the jacket was faulty (so keep the jacket just incase!).
Get photo’s of the injuries as this will help your case.
Hope you get better.
Not only are you entitled to a refund or replacement under the Sale of Goods Act from the retailer, but you should also consider an action under the Consumer Protection Act 1987 against the manufacturer for your injuries.
You should definitely consult a solicitor who acts in this area, not a no win no fee outfit. They will advise you very quickly as to whether your claim is worth pursuing and if so possible outcomes. You can simply search for solicitors and email them what you have said here and they will indicate what you can do.