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Q: I bought a glass-top cooking hob five years ago and last weekend, when I was making dinner, I heard a sharp crack and saw the glass shatter. Thankfully my five year-old son was not standing around the kitchen but I was scalded while trying to clean up the mess. I informed the company I purchased the hob from but since it is no longer under warranty they told me that they were not responsible for replacing or compensating me for the accident. Is there no recourse for me in this case?
Alvin. L
A: Hi Alvin, I am sorry to hear about your injury and the damage to your cooking hob. You are correct in noting that, because the warranty over the hob has expired, the company that sold you the hob is now under no legal obligation to replace or repair the hob for you. Five years is a considerably long time for a seller of any product or appliance to still be held responsible over any damage, which may well be the result of normal wear and tear.
Also, while Singapore has consumer-protection laws (more commonly known as Lemon Law) that give buyers the right to return or demand that defective goods be repaired or replaced, these laws only apply for defects that arise within six months of a purchase.
You may consider making a claim against the company for the burns you sustained while cleaning up the mess from the broken hob. However, this endeavour will likely be an extremely uphill climb. Even if you were to be successful, the resulting compensation you receive may not be worth the effort. This is because, under Singapore law, you would likely be compensated only for the medical fees and slight inconvenience you experienced arising from the burn, which might not amount to a large sum.
Your claim, if you so intend to pursue it, may lie in an assertion that the company was negligent in its production of the hobs. In other words, what you will say is that the company did not take sufficient care to ensure production of hobs that do not shatter spontaneously without any external causes.
This is a difficult assertion to prove for two reasons.
First, you have been using the hob for five years. It is likely that some degree of wear and tear (which is to be expected of all consumer products) has set in. Our laws do not hold a product manufacturer perpetually liable for the goods they produce. That kind of law would make doing the business of selling consumer goods very challenging.
Secondly, it seems that you did not sustain the burns directly from the shattering hob. You only scalded yourself while cleaning up the resulting mess. If you were to file a claim against the company, they would likely point out that your injuries happened wholly or partly because you did not take sufficient care to avoid the hob while going about the cleaning.
Given the above, it is best to focus on replacing the damaged hob with a new one. Any legal action you intend to pursue would likely not be worth the effort.
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Wei Li practises litigation and arbitration at KEL LLC – a boutique Singapore law firm specialising in civil and commercial law. He acts for corporate and individual clients in managing and resolving disputes across a wide range of issues and industries. Wei Li has a particular interest and expertise in Internet and social-media law. He provides strategic counsel and representation to businesses and high-profile individuals in a spectrum of media-related issues such as reputation management, appropriate-use policies, privacy and digital marketing. In addition to his practice as a lawyer, Wei Li teaches as an adjunct faculty at the Singapore Management University’s School of Law.
For more information, visit http://kel.asia/
Disclaimer: This article provides a general guide to the subject matter and should not be treated as professional legal advice. If you require specific legal advice, you are encouraged to consult a qualified legal professional to obtain the same.