Compensation after an Accident with a Stair Gate

Questioner

Tray gate installed according to instructions. Little one leans against it after which he shoots loose and the cassette comes loose from the wall and falls behind the little man and lands on his head on the ground floor. No more confidence in product. Can we claim the purchase price back and a small compensation for lost income after a 24 hour hospital stay?

Lawyer

What an unpleasant incident. I hope that your child has fully recovered and that you have recovered from the shock. As you describe it, the product is not sound and you can claim compensation. I can also understand that you do not want a replacement but your money back. If you want, I can help you claim the damage. I can also charge my costs if liability is acknowledged.

Lawyer

You can hold the manufacturer liable for non-compliance. The cassette should not have come loose. If you wish, you can contact us without any obligation.

Lawyer

I wish your child a speedy recovery. If you have used the stair gate according to the instructions and there is damage, the shopkeeper must prove otherwise. If this is not possible, he must compensate the damage. The shopkeeper is often insured for this. You must therefore initially hold him liable. If you wish, I can send you a sample letter. If liability is acknowledged, it will not cost you anything, because the legal costs to be incurred will also be reimbursed. Please contact me if you wish.