Can I claim againest a compression fitting that burst?

[Sammyt]

Hi.
I had a brand new full bore lever valve burst on me over night causing damage to the flooring, skirtings etc. So does anyone know if I can make a claim againest the fitting manufactures themselves? The actual nut on the compression split in half causing the valve to jump off the pipe leaving a gap between the fitting and the olive. It had been on there under pressure for a couple of days. The pressure isn't exsesifly high nor was the valve fitted incorrectly.

many thanks
Sam

 

[Rickster123]

Hi mate think you would have a serious fight on your hands with this. I doubt you would get very far I'm afraid. But best of luck if you go for it.

 

[Barry98]

You will have to prove it was the fitting and nothing else , like app has said you'll have one hell if a fight on your hands. But good luck

 

[Rob Sale]

your probably best on a legal forum! where legal types hang about.

 

[on31ll]

As above really go for it but they have people that there job is to just prove they where not at fault followed by lawyers etc ! They will find a way to ship blame ! On you the end user or the merchant etc ! Say you overtughtend etc even if you personally dont think you did ! Cant see it going far an if it did would cost alot in fees ! But hey if you think you have a strong case go for it ! Us guys at the forum will give advice where we can !

 

[Sammyt]

Yeah my thinking also but why should I claim on my own insurance or pay for the repairs myself when it's not technically my fault. If the nut and olive had slipped of you'd understand but this one snapped off topically in the middle of the night. Surely manufacturers should take responsibility for a fitting every now and then. It's up to the to make sure they last. Longer than a couple of days anyway!
thanms for your reply.

 

[Sammyt]

Cheers guys. Will let you know how it goes :S

 

[Whn1]

The problem here is here's no way you can prove that it was installed correctly. You say it's been under pressure for a couple of days, I've seen fluxed fitting hold back mains pressure for months/years.

 

[tamz]

At most you would get a new valve if you were lucky. Claim it against your house insurance.

 

[Ray Stafford]

The short answer is that you can't get anywhere legally (probably) but that doesn't mean that there is nothing you can do.

Before you do anything else, take photos of the damage, and of the valve, preferably still in situ.

You don't have any contract with the manufacturer. Your contract is with the company that supplied you the valve.

You will almost certainly find that your supplier's terms and conditions of sale limit their liability to repair/replace/refund, and exclude consequential loss. You are therefore entitled to a replacement valve, or if they are being really picky, a replacement nut! Not a great outcome.

However, if you approach your supplier and ask them for help gaining compo from the manufacturer, you may get somewhere. If you do a lot of business with that supplier, and they do a lot of business with that manufacturer, they may be prepared to broker a goodwill agreement between you and the manufacturer. The longer the chain of suppliers, the harder this is to achieve. For example, if the supply chain consists of manufacturer > merchant > you then it could be easy. If the chain is manufacturer > distributor > big merchant > small merchant > retailer > you, then there are lots more links to put together.

Bear in mind that your legal position is weak, so the best approach is polite but persistent. It still doesn't guarantee a result, but its the most effective tecnique.