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Discuss Manufacturer's liability for product failure in the USA area at PlumbersForums.net

Jennie

Gas Engineer
Messages
283
Hi all,
Just after some other plumbers' views on an issue.
I serviced a pro boil tap this week (PROBOIL 2 - Steaming Hot Water Boiler - https://www.pronteau.co.uk/3-in-1/proboil-2). It was just under three years old, and never serviced. It should be serviced annually, and a new filter every six months in hard water areas (such as mine). All went well with descaling and changing the filter. I then set about calibrating it, following the MIs. Partway through the process, hot water spurted from the tap (indicating the stat needed to be turned down further). So I turned the stat down, at which point, I noticed water on the floor, coming from the pro-boil boiler unit. As I felt around the boiler, the drain plug popped out, sending boiling water gushing onto my hand. On later inspection, I found the drain plug (plastic) had sheared off, leaving half its threaded body in the boiler. The issue is one of liability, as I'm now off the tools for two weeks (with second degree burns), personal inconvenience, and a lot of pain in the process. I would like compensating for my loss of income. Likewise, the customer is left with a damaged boiler. Proboil has offered him a discount on a new one. Pro-boil also say they aren't liable for damages, because the boiler hadn't been serviced to their MIs. However, I would expect a lot of these boilers go three years or more without being serviced. That should be considered at the design stage. The drain plugs should be designed to withstand such pressures, as this is a major safety issue. If these tap/boilers are as dangerous as they now appear, with the kitchen tap unable to adequately reduce the pressure inside the boiler (it ejects hot water, if the pressure builds, but in the case the ejected water didn't release the pressure), surely they should be fitted with PRVs/tundishes? And more safety devices, if necessary. The design is inherently dangerous. I'd love to hear your views. TIA, Jennie.
 
It’s probably not what you want to hear but you’re 3 years down the line (It looks like their warranty is 2 years) and it hasn’t been serviced.

It also states in the MI’s that you must ensure you’re wearing the correct PPE to prevent scalding.

I doubt you’ll get anywhere profitable with this once you’ve spent your time and possible legal costs.

Hope you heal well.
 
Personally I'd wouldn't have one in a house that I lived in.
And if I had done Domestic work I would never have any.

A manufacturer can't use failure to service or even out of warranty if there is a design flaw.
If the annual service stipulates replacing the plastic drain plug then there is no reasonable arguement other than as Jennie has said it should be designed not to catastrophically fail if not serviced.

I'd like to see Proboil successfully stand up in court and defend use of a plastic plug in an appliance that boils where a child had been seriously injured or worse.

The fact Proboil are offering a discount on new suggests they admit some laibility.
 
If you haven't done so already, you should submit a RIDDOR report:


Figuring out how report dangerous product designs can be tricky because there is no single authority that covers all markets. The details have also changed post Brexit. I suggest you seek advice from Trading Standards in the first instance.

Have you consulted your own insurer?

IMO, boiling water taps are evil things; recommend removal on the grounds of safety whenever you come across them. If it were up to me it would be illegal to supply, fit or own one!
 
Last edited:
Just to add to this old thread, I was just descaling mine and the drain plug sheared in the same way you describe. They sent me a new one free, but it's interesting to hear it's happened to someone else.
 

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