Liability for Damage to Electric Scooter

Questioner

We bought a second-hand electric scooter at a BOVAG store on August 18, 2018. On October 4, 2018, the battery was returned because it no longer charges. It was sent by the store and we were able to pick it up again last Friday, October 12, 2018. Now we immediately drove a few laps with it that Friday and it worked again, we were happy. Now last night we put the scooter on the charger in our storage room of the apartment, as we always did. Woke up this morning: I smelled burning, nothing to be found in the house, my boyfriend thought the floor felt warmer and immediately went to the storage room. When he got there, black smoke came out from under the door and he immediately called the fire brigade, who came immediately and got the scooter out of the storage to prevent worse and extinguished it outside. The part by the battery had completely melted away, as well as 2 bicycles in the storage and an air conditioner. Now our question: The invoice states a 3-month warranty on the battery. We are still in that. The battery has been sent (we assume because that is what the owner of the store says, but he could have also been tinkering himself, we do not know)... and now this. What are we entitled to now? The insurance does not pay out anything because we do not have fire insurance for the scooter, only third party liability plus. We think that because the fire department said it really was caused by the battery (they said; maybe it wasn't fixed properly, or the owner was fiddling around, we don't know) we are entitled to a full refund of the money we paid on August 18, since the battery is still under warranty and it caused everything to go up in flames. Thank you in advance!

Lawyer

If it has been established that the battery is the cause of the fire, you can hold the seller liable. If you have connected the battery according to the rules, you can also claim consequential damage. I advise you to hold the seller liable for your damage. If you cannot reach an agreement, I would be happy to look at your case.

Questioner

hello, thank you for your answer. The scooter is certainly just neatly connected as it should be as we did before. The fire department said it had to be the battery. We sent an email to the owner of the shop and he called in shock. He picked up the scooter and is going to confer with the battery repairman, we understand. Now we are waiting for an answer from the store. The warranty on the battery runs until 18 Nov. so I want an answer for that anyway. But what is the best way to do this now in terms of consequential damage? The home contents insurance covers a lot but unfortunately not everything, they say very easily: no more invoice so bad luck... (yes, some receipts unfortunately lost due to moving) We could then claim that from the store? And then he can conclave with the repairman himself I think? Because we have nothing to do with that, right? Greetings, and thanks!

Lawyer

If you no longer have receipts etc., you can prove ownership by means of photos, for example, and the current value must be reimbursed. Your own home contents insurance will not reimburse all damage, but the seller's insurer must reimburse or repair all reasonable consequential damage. I advise you to have the damage reported to the insurer via the seller.