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Fell Off Horse Due to New Stirrup Snapping - Caused Injury

Discussion in 'Personal Injury Law Forum' started by sam, 7 May 2014.

  1. sam

    sam Member

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    The horse didn't put a foot wrong. I have been riding for years and never had stirrups snap. They are suppose to take a beating during their life span. I have manage my doctor to only force 2 days off work on me, he wants a bit more but I can afford to not work. I will be in a fair bit of pain for the next couple of weeks and I won;t be able to ride for even longer.

    I was just wondering if I should be taking any legal action against manufacturer because this complete set of gear was not even a week old.
     
  2. CathL

    CathL Well-Known Member

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    Hi Sam,
    Have you contacted the shop where you purchased the stirrups from and/or the manufacturer of the stirrups as yet?
    If yes, what have they said?
     
  3. Sophea

    Sophea Well-Known Member

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    My first port of call would be to check out the manufacturer's website to see whether they have any information about warranties etc on their site.

    Apart from that though, I assume that stirrups would be considered a product ordinarily purchased for domestic use which means it would covered by Australian Consumer Law.

    Under the ACL, retailers warrant that the goods they sell, "are of acceptable quality - the goods must be safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do". While manufacturers warrant that their products are of acceptable quality.

    It appears that none of these warranties have been met in your case so you may be able to seek a remedy from either the retailer or manufacturer. This is what the ACL website says:

    "If you sell a customer a product that fails to meet one or more of the consumer guarantees, they are entitled to a remedy – either a repair, replacement or refund and compensation for any consequential loss – depending on the circumstances.

    If the problem is major or cannot be fixed, the consumer can choose to:
    • reject the goods and obtain a full refund or replacement, or
    • keep the goods and seek compensation for the reduction in value of the goods.
    A purchased item has a major problem when it:
    • has a problem that would have stopped someone from buying the item if they had known about it
    • is unsafe
    • is significantly different from the sample or description
    • doesn’t do what you said it would, or what the consumer asked for and can’t easily be fixed.
    Gift recipients are entitled to the same rights as consumers who bought the goods directly.
    The seller cannot refuse to provide a remedy if the product is not returned in its original packaging.
    The seller also must not refuse to deal with a customer about the returned good and tell them to deal with the manufacturer instead.

    Approaching the manufacturer directly
    Consumers are entitled to approach manufacturers directly for a remedy. Consumers may take action against manufacturers to recover costs, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss."
     

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