HorseSolicitor Wins Claim – Sales of Goods and Consumer Protection Act

Mrs D was injured whilst wearing an inflatable air jacket which had been purchased with the sole purpose of minimising any injury that she may sustain in the event that she suffered a fall from her horse.

Unfortunately, whilst out hacking Mrs D fell from her horse. The jacket did not inflate as it was supposed to have done and Mrs D sustained soft tissue injuries to her neck, rights shoulder and iliac bone and psychological injury.

Mrs D instructed Horse Solicitor to represent her in her claim to recover damages and associated losses arising from her injuries.

A claim was brought against the manufacturer of the jacket alleging breach of the Sale of Goods Act 1979 (that the goods should be of satisfactory quality, fit for any particular purpose made known to the seller and fit for their ordinary use); breach of the Consumer Protection Act 1984 (alleging that the product contained a defect where its safety was not such as persons generally are entitled to expect and that the defect caused the Claimant injury); failure to warn of the requirements of regular servicing intervals; and, misrepresentations made on the manufacturer’s website as to the extent that the jacket would have prevented injuries to the spine and ribs.

Following a period of negotiation an out of court settlement was reached having regard to the difficulties faced from a medical causation perspective – that is it could not be proven that had the jacket worked correctly Mrs D would not have sustained injury in any event, or if the injuries would have been less serious, to what extent.