{"product_id":"vragen-30495-op-woensdag-5-november-2014-komt-mijn-man-thuis-uit-zijn-werk-en-ziet-overal-in-de-woonkamer-glas-li","title":"Product liability hob: what now?","description":"\u003ch4\u003eQuestioner\u003c\/h4\u003e\n\n On Wednesday, November 5, 2014, my husband comes home from work and sees glass from the stovetop everywhere in the living room. \nWe were very shocked, luckily this happened when we were not at home. The hob exploded out of nowhere. We immediately called x, because we have only had the hob for a year. We have all the appliances from x in the kitchen. We were told that we had dropped something on the hob and that this was not covered by their warranty. We did NOT drop ANYTHING on the hob. They did not even bother to come by!! VERY BAD SERVICE!!!! We were advised to claim this through the insurance company. Now we have been without a hob for 3 weeks, I do not dare to buy the same hob again. The glass on the hob is not safe. I had glass everywhere in the living room at home!!!!!!! If this happened to us while cooking, or even while watching TV, we could get glass on our faces. My floor tiles and worktop were also damaged by this!! Unfortunately I cannot prove that I did not drop anything on it!! But suppose that were the case, this still means that the glass on the hob is not SAFE!!!!! Such safety glass should never shatter like that! Just like the glass of a car, otherwise you would get all the glass on your face in an accident!!!!! Such a BIG brand as X should be quite lenient and very service-oriented??????\n\n \nSee story above, I posted this story on social media with photos. Now X has contacted me and apologized for the way it happened. A technician has since been there and fortunately he also indicated that it was not our fault. The technician could not see that the damage to my floor + countertop was caused by the glass, I do have photos of the damage on the day. Now supplier X wants to give me a new hob. But according to them I have to report the damage to the floor and countertop to my insurance, because they cannot see whether this damage was a consequence of the hob. Can you tell me what I should do about this? Isn't it the intention that they should arrange an inspector for this. Now they are still pushing it off on my insurance.\n\n Thank you in advance. !!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIt is possible that consequential damage is excluded in the conditions. If it is not excluded, it must be established that the damage to the floor and countertop was caused by the explosion of the hob. In the latter case, you must prove this if you want to receive compensation. This will also be the case if you were to contact the insurer in the event of a covered event.\n\n You can contact me directly and without obligation for consultation.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nI do not agree that you should just contact your insurer. You can certainly ask them if they can help you further, but in the first instance this concerns product liability (regulated in article 185 et seq. of Book 6 of the Civil Code). If the kitchen is not used for business purposes and the damage amounts to more than €500, you should contact the manufacturer or importer of the hob for consequential damage. If it is not clear who that is, you can contact the supplier. They are then liable until they tell you who the manufacturer or importer is.\n \nThe tricky part in this story is the subsequent article 188. This reads 'The injured party must prove the damage, the defect and the causal link between the defect and the damage'. The burden of proof that the damage to the floor and the countertop was caused by the hob bursting, therefore lies entirely with you. Your home contents insurer may be able to assist you with this, or perhaps your legal expenses insurer if you have one. It may also be possible to prove this on the basis of photos of the kitchen, but I think it will be difficult.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n It is indeed difficult to prove this the only proof I have are the pictures. Thanks for your information.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55016843870557,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-30495-op-woensdag-5-november-2014-komt-mijn-man-thuis-uit-zijn-werk-en-ziet-overal-in-de-woonkamer-glas-li","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}