Optician's Liability: What Now?

Questioner

Almost three years ago I bought two pairs of sunglasses from an optician. Two separate pairs of sunglasses without any promotion or anything from a good brand, together costing almost €500. Last month I went back to the optician for the first time to have both pairs of glasses adjusted so that they would fit my head properly again. The employee heated up pair of glasses no. 1 and then bent it. A breaking sound could clearly be heard. The employee was shocked but after inspection indicated that there was no visible damage. I must honestly admit that I did not do a thorough investigation and took the employee at her word. However, when I put on the glasses for the first time, a week later, the frame broke without a sound. The break is just below the nose wing, causing the glass to fall out. I went to the optician and told them what had happened. They were going to weld the frame and then you would not be able to see anything anymore. Today I went to pick them up but you can clearly see a break line, right in front of you. I indicated that I did not like it and would not wear the glasses like that. The employee who spoke to me today thought my reaction was strange and thought the repair work was very nicely done. Furthermore, he did not think they were liable since I have had the glasses for almost three years and the breakage would have happened as a result of wear. I will soon be called by the owner, but I am wondering whether or not I can hold the optician liable?

Lawyer

In principle, the optician can be held liable for damage caused to your glasses. Even if the quality of the glasses leaves something to be desired. Now that the optician has repaired the glasses but not as you want, you can ask for compensation or new glasses. The latter depends on the type of glasses, age of the glasses, quality, price, etc. You could file a complaint, but it is best to come to a solution during the telephone conversation.