Consumer Harm from Faulty Goods or Poor Service: What You Need to Know

Sometimes a consumer service, such as installation, repairs, landscaping, or delivery can cause damage to your home or personal property. Under the Consumer Protection Act 1999, businesses that provide consumer services must use reasonable care and skill. 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. Signs or notices claiming they are “not responsible” do not remove their legal obligations, as such terms are considered unfair trade terms.

Gather Evidence of the Harm

If a product or service causes damage, start gathering evidence right away. You will need information that shows:

• the business did not use reasonable care and skill or the item you purchased was faulty, and

• the amount of harm or financial loss you suffered.

If the damaged item belonged to you, even if you didn’t buy the product or service yourself (for example, your landlord arranged the service), you may still be legally entitled to compensation.

To calculate your loss, consider how much you spent fixing the damage or how much repairs will cost. If possible, get three written quotes from qualified businesses to confirm:

• whether the damage was caused by a fault or by poor workmanship,

• whether the harm could have been prevented at the time, and

• how much it will cost to replace or repair the damaged property or item.
  

If you need emergency repairs and cannot get multiple quotes, keep all invoices and receipts. Always take photos of the damage immediately and record the date and time you discovered it.

Contact the Business to Resolve the Issue

Once you have evidence, contact the business and ask to speak with customer service. Clearly explain what happened and provide copies of your supporting documents (photos, quotes, invoices). Request that they fix the harm, which may include:

• additional work at no cost,

• a refund for the faulty product or service,

• replacement of damaged property, or

• payment to cover repairs done by another business.
  

After the conversation, send a follow-up email or letter summarizing what was discussed.

Understanding Compensation for Damaged Personal Property

If the business damaged your personal property, they are not required to replace it with a brand-new item. Instead, they must compensate you for the current value of the damaged item, taking into account age, wear and tear, and condition. You may need to provide proof of the item’s original purchase price.

If the Business Refuses to Resolve the Issue

If the business does not respond or refuses to correct the harm:

• Ask for senior management’s contact information.

• Submit a formal written complaint outlining:

  • what happened,

  • the supporting evidence you provided,

  • your requested remedy, and

  • that you expect the unfair practice to stop.
    

If the business still refuses to act, you should:

• file a complaint with Consumer Affairs, and

• consider legal action to recover compensation.

If you take legal action, you may include legal fees and court filing fees in your claim.

Keep copies of all documents, including your complaint, evidence, emails, and notes, in a safe place.

Considering Insurance

If you have insurance that covers the type of damage caused, you may choose to make an insurance claim instead of pursuing the business directly. This can be faster, but it may increase your insurance premiums.