On Mon, 13 Feb 2006 01:06:03 GMT, Alex Potter <> wrote:
> Ian Smith wrote on Sunday 12 Feb 2006 14:57:
> > On Sat, 11 Feb, Alex Potter <[email protected]> wrote:
> >
> >> Common Sense, and from Left-Pondians too. I'm fair 'mazed
> >
> > I'm not so sure. The summary posted seems reasonable, but some of the
> > detail of the verdict is more questionable, in my opinion.
> >
> > In particular, this verdict says that if you go to a shop which has a
> > department specialising in a particular class of items (bicycles, in
> > this case), and purchase one such item, and the shop's staff set up
> > the item and provide it 'ready-to-go', and do not provide any guidance
> > or instructions or training or safety warnings and you take it and go,
> > it's your fault if it's actually hazardous and you are injured.
>
> If you want to buy a bike from such a place, I say "on your own head be
> it".
It's a shop that is maintaining that it is competent to sell bikes.
You really do seem to be saying that any purchaser of any item must be
more expert than the shop selling the goods, and if they aren't, well
tough. That seems crazy to me - and the death-knell for bike shops
with any actual knowledge.
> If you want bike specialists, go to the LBS. Otherwise,
No, there is no otherwise. The verdict doesn't say this only applies
to rubbish shops - it makes no distinction regarding the quality of
shop, so far as I am aware. This is another blow for specialist bike
shops - because the court has said that actually, yes it's fine to
pretend to be a bike shop even if you don't have staff capable of
setting up bikes - you can sell a death-trap, and not be held
responsible.
So as bike-shop owner you have a choice between hiring a cheap idiot
who knows nothing about bikes, or a genuinely knowledgeable person,
who's a bit more expensive. The court has just said it doesn't matter
who you hire - you won't be responsible for their action (or
inaction).
> > Is this really common sense? The buyer is assumed to be more expert
> > than the person in the shop supposedly specialising in it? Do you
> > really think it's a good idea that the law assumes any buyer knows
> > more than the shop from which they buy?
>
> I don't think it's the business of the law. People must assume
> responsibility for their own decisions, including their bad ones.
No. If you consult an expert (or someone maintaining that they are
expert) you have a right to actually receive expert advice. It is
not reasonable to assume that every consumer knows more than every
seller. There is lots of law that says you must not claim
capabilities you do not have - it's generally considered at least
fraud to do so. In cases where H&S is involved it is normally taken
rather more seriously, but now apparently not for bikes.
The really crazy thing in this verdict is the finding that the
customers should have asked for the instruction manual they did not
know existed, did not know ought to exist, and were not offered. The
bike shop knew it existed and knew it should have been given to the
customer but apparently bear no responsibility for not having done so.
> > Looks like a licence to abdicate responsibility on the part of
> > flog-it-cheap-and-stuff-the-customers big business. But obviously,
> > you disagree.
>
> While you make what many would consider to be valid points, ISTM that we
> now live in a society where consumerism has gone mad. Whatever happened
> to "caveat emptor"?
Caveat emptor should not allow the seller to endanger the purchaser -
if the seller knows something that materially affects the safety of
the purchaser they should have a duty to communicate that information.
regards, Ian SMith
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