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Accident caused by broken mattress spring help please.
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Before anybody says anything we haven’t over exerted ourselves or abused the bed in any way (chance would be a fine thing😊) & we’re really only wanting sensible helpful replies please.
A few days ago one of the springs must have become dislodged from the side of the mattress, causing a long scratch on my leg as I got out of bed. We’ve contacted the bed manufacturer (a very big reputable UK company & an expensive mattress) who are not in the least bit interested. There’s a date on the mattress of 2016 which they say is the made date, I’d argue that’s not when we purchased it but without a receipt can’t prove that.
Their warranty states 5 years, so agreed it’s out of warranty, but I’d also argue that the mattress I would have thought should have coiled springs & this accident should never have happened regardless of its age. Industry guideline state you should change your mattress every 8-10 years, but how many people do unless it’s knackered?
I’ve threatened them with legal action & might be wasting my time, the bottom line is, the same thing might happen again & we can’t afford a new mattress (certainly not a quality one). TIA if you have any words of wisdom😊 |
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It would come down to does a judge consider a thrown spring unreasonable after around the 8 year point of ownership and use. Or, was the damage significant enough to merit compensation.
I suspect you might struggle with that one but if you think you have a case, you could contact Citizen’s Advice. |
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"Surely this is a joke."
Would assume so,
Can't for a second think that there is any liability on the manufacturer of a mattress 8 years old, out of warranty, and potentially well used.
Completely frivolous and a total waste of time doingbanything other than either repairing or replacing |
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By (user no longer on site) 8 weeks ago
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Just keep nagging them even if they just offer something towards a new mattress or a replacement. But play nice as if you start been nasty it will get there backs up |
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By *bi HaiveMan 8 weeks ago
Forum Mod Cheeseville, Somerset |
My first thought is that of the Black Night. 'Tis but a scratch'.
My second agrees with previous posters. I doubt you've a cats chance in hell of winning any legal action given the age of the mattress and the costs involved in pursuing any court activity.
My third would be to whack some sudocreme on the wound and then look online for a new mattress. A good night's sleep is important, as is safe sex. |
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"What was manufacurer and who sold it"
This is most definitely not a joke as some have suggested, why people should think this I have no idea?
The manufacture concerned are a huge UK company & don’t know why outing them on here helps any.
As regarding legal action yes it’s probably not worth the time & money but £600 odd pounds to get something of similar quality is no mean feet. Apart from the accident there’s absolutely nothing wrong with the mattress & is still the the best nights sleep we’ve ever had.
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer? |
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"What was manufacurer and who sold it
This is most definitely not a joke as some have suggested, why people should think this I have no idea?
The manufacture concerned are a huge UK company & don’t know why outing them on here helps any.
As regarding legal action yes it’s probably not worth the time & money but £600 odd pounds to get something of similar quality is no mean feet. Apart from the accident there’s absolutely nothing wrong with the mattress & is still the the best nights sleep we’ve ever had.
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer?"
It's probably just wear and tear at 8 years old. Could you snip the spring and flip the mattress over? |
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"What was manufacurer and who sold it
This is most definitely not a joke as some have suggested, why people should think this I have no idea?
The manufacture concerned are a huge UK company & don’t know why outing them on here helps any.
As regarding legal action yes it’s probably not worth the time & money but £600 odd pounds to get something of similar quality is no mean feet. Apart from the accident there’s absolutely nothing wrong with the mattress & is still the the best nights sleep we’ve ever had.
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer?"
How bad was that scratch ? If only minor you don't really have a leg to stand on as it were.. this frankly just screams " compensation culture" |
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"What was manufacurer and who sold it
This is most definitely not a joke as some have suggested, why people should think this I have no idea?
The manufacture concerned are a huge UK company & don’t know why outing them on here helps any.
As regarding legal action yes it’s probably not worth the time & money but £600 odd pounds to get something of similar quality is no mean feet. Apart from the accident there’s absolutely nothing wrong with the mattress & is still the the best nights sleep we’ve ever had.
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer?"
They’re not indestructible. They will eventually fail, based on various factors. If your mattress was a couple of years old, sure. But it doesn’t sound like it is.
Trading Standards are highly unlikely to be interested in a mattress of that age with a single failed spring. |
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It's out of warranty and it's recommended that you change your mattress every 8 years so you probably don't have much hope of compensation or replacement etc.
Sometimes contacting them on social media especially if you have a lot of followers will elicit a favourable response. |
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"
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer?"
Wouldn't a manufacturing fault have been evident sooner than 8 years ? |
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You’re absolutely wasting your time, and money on legal action. All things ever made, have faults and things break on them eventually. That’s why there are warranties on everything. It’s out of warranty, defects can happen at anytime, there’s no ‘case’ for the manufacturer to answer.
Your scratch, will fade away. Get a pair of pliers and nip the and of the spring off. No more scratch risk.
Problem solved and you can go on sleeping well on it until you can afford to replace the mattress.  |
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Sadly, no chance. Someone would take it on as a case though.
No proof of purchase, can you evidence rotating the mattress inline with manufacturer’s recommendation?
Not withstanding the injury, the legal test here would were the goods of satisfactory quality and have they lasted a reasonable amount of time commensurate with the price paid. Due to the time elapsed, the burden of proof is on you to prove there was a manufacturing defect at the time it was sold (unlikely a manufacturing defect would take so long to manifest to a failure).
I would love to see the transcript from the small claims court. “Please could you describe the activities and frequency of activities carried out on the mattress, including the number of people”.
It sucks, and I hope your leg heals quickly |
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OP think about this from a different perspective. You buy a brand new car from a decent, reputable brand with five years warranty. Nothing goes wrong with it in all those five years, which is reasonable because manufacturers offer warranties based on how long they think their product will reasonably last without fault.
After eight years your handbrake cable fails. Now you might argue that’s a manufacturing fault on safety grounds but the fact is it’s a product that is being used daily and can reasonably be expected to degrade over time.
At some point all manufactured products will degrade and/or fail to the point they’re unusable. If it’s out of warranty then the manufacturer has no liability.
You can be angry, frustrated, hurt or feel injustice as much as you like, but they have no obligation to fix/replace your mattress. |
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By *bi HaiveMan 8 weeks ago
Forum Mod Cheeseville, Somerset |
"OP think about this from a different perspective. You buy a brand new car from a decent, reputable brand with five years warranty. Nothing goes wrong with it in all those five years, which is reasonable because manufacturers offer warranties based on how long they think their product will reasonably last without fault.
After eight years your handbrake cable fails. Now you might argue that’s a manufacturing fault on safety grounds but the fact is it’s a product that is being used daily and can reasonably be expected to degrade over time.
At some point all manufactured products will degrade and/or fail to the point they’re unusable. If it’s out of warranty then the manufacturer has no liability.
You can be angry, frustrated, hurt or feel injustice as much as you like, but they have no obligation to fix/replace your mattress."
Except a Nokia 3310.
They live eternal. |
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"Before anybody says anything we haven’t over exerted ourselves or abused the bed in any way (chance would be a fine thing😊) & we’re really only wanting sensible helpful replies please.
A few days ago one of the springs must have become dislodged from the side of the mattress, causing a long scratch on my leg as I got out of bed. We’ve contacted the bed manufacturer (a very big reputable UK company & an expensive mattress) who are not in the least bit interested. There’s a date on the mattress of 2016 which they say is the made date, I’d argue that’s not when we purchased it but without a receipt can’t prove that.
Their warranty states 5 years, so agreed it’s out of warranty, but I’d also argue that the mattress I would have thought should have coiled springs & this accident should never have happened regardless of its age. Industry guideline state you should change your mattress every 8-10 years, but how many people do unless it’s knackered?
I’ve threatened them with legal action & might be wasting my time, the bottom line is, the same thing might happen again & we can’t afford a new mattress (certainly not a quality one). TIA if you have any words of wisdom😊"
How much did you pay and how long ago ? Do you have any proof you bought it new and from where like a credit card or debit card entry? |
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"You have no case the mattress is beyond warranty ,you scratched your leg it's part of life unfortunately sometimes accidents happen. "
That’s not how English law works at all
Warranties are irrelevant and often there just to trick you into thinking consumer rights don’t apply , warranties are contracts, laws always takes precedence over contracts |
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"What was manufacurer and who sold it
This is most definitely not a joke as some have suggested, why people should think this I have no idea?
The manufacture concerned are a huge UK company & don’t know why outing them on here helps any.
As regarding legal action yes it’s probably not worth the time & money but £600 odd pounds to get something of similar quality is no mean feet. Apart from the accident there’s absolutely nothing wrong with the mattress & is still the the best nights sleep we’ve ever had.
My argument is the mattress has a manufacturing fault & thus should never had happened regardless of how old it is. Maybe trading standards or watchdog is the answer?"
I would suggest that a manufacturing fault would have resulted in that range of mattresses being recalled .
But certainly it would not have taken eight years to make itself evident. |
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"OP think about this from a different perspective. You buy a brand new car from a decent, reputable brand with five years warranty. Nothing goes wrong with it in all those five years, which is reasonable because manufacturers offer warranties based on how long they think their product will reasonably last without fault.
After eight years your handbrake cable fails. Now you might argue that’s a manufacturing fault on safety grounds but the fact is it’s a product that is being used daily and can reasonably be expected to degrade over time.
At some point all manufactured products will degrade and/or fail to the point they’re unusable. If it’s out of warranty then the manufacturer has no liability.
You can be angry, frustrated, hurt or feel injustice as much as you like, but they have no obligation to fix/replace your mattress.
Except a Nokia 3310.
They live eternal. "
V true.
I've got one that still works |
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It’s normal for a mattress to be due for replacement after eight years of wear and tear. I think you’d be wasting your time, money and energy trying to pursue any sort of replacement or compensation for a scratched leg from an old mattress spring. There’s plenty of decent mattresses on Amazon for a couple of hundred quid and next day delivery. |
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