Sometimes a product or service can cause damage to your home or personal property, such as an appliance that malfunctions or a service provider whose work results in harm. Under the Consumer Protection Act 1999, businesses must use reasonable care and skill when providing any consumer service. If they fail to do so, or if they sell you a faulty product that causes damage, they may be in breach of the law. Notices claiming they are “not responsible for damage” are considered unfair trade terms and do not remove their legal obligations.

Gather Evidence of What Happened

If a product or service causes harm, begin gathering evidence right away. You will need information that:

• shows the product was faulty or the service was not carried out with reasonable care and skill, and

• clearly identifies the financial loss or damage caused.
  

Even if you didn’t personally purchase the item or service (e.g., a landlord purchased an appliance that damaged your belongings), you may still have the right to compensation.

To show the cost of the harm, Consumer Affairs recommends getting three written quotes from qualified businesses. These quotes should assess:

• whether the product failed due to a fault or negligence,

• whether the service was performed to industry standards,

• whether the harm could have been avoided, and

• the cost to repair or replace what was damaged.
  

If the situation requires urgent repairs and you cannot get multiple quotes, keep all invoices and receipts. Be sure to take photos immediately and record the date and time the damage occurred.

Contact the Business to Request a Resolution

Once you have evidence, contact the business and ask to speak with customer service. Explain what happened, share your documentation (photos, quotes, invoices), and request a remedy such as:

• repairs or extra work at no cost,

• a refund,

• a replacement product,

• compensation for damaged belongings, or

• payment for repairs done by a third party.

After speaking with the business, send a follow-up email or letter summarizing what you discussed.

Compensation for Damaged Personal Property

If your belongings were damaged, the business is not required to replace the item with a brand-new version. Instead, they must compensate you for the current value of the item at the time of the damage, taking into account age and wear and tear. You may need to provide proof of the original purchase price.

If the Business Refuses to Fix the Problem

If the business does not respond or refuses to take responsibility:

• Request contact information for senior management.

• Submit a formal written complaint outlining what happened, the evidence you provided, and the remedy you are seeking.
  

If the business still does not act, file a complaint with Consumer Affairs and consider legal action to recover your losses. If you take legal action, you may include legal fees and court filing costs in your claim. Keep copies of all complaints, emails, evidence, receipts, and notes in a safe place.

Considering an Insurance Claim

If you have insurance that covers the type of damage caused, you may choose to file a claim instead of pursuing the business directly. This is often faster but may affect your annual premiums.