Hi. I have just had a serious leak from my Samsung french door fridge over Christmas which was bought approximately 7 years ago. It has damaged my timber flooring and carpet on the other side of the fridge cubicle wall. Can you please advise if I have a case to claim for property damage under Australian Consumer Legislation under the major fault clause? Thanks in advance.
Welcome to the forum and letting us know about your fridge problems.
What does the user manual say in relation to inspections and scheduled maintenance of the fridge and its plumbing. This may have information on owners responsibilities to ensure the fridge and plumbing remains servicable and fault free.
Otherwise, many home and contents insurance policied cover water damage from plumbing or appliances. This avenue may be better since the fridge is 7 years old.
Update: manuals for current models indicate water filters are a known source of potential leaks, especially when filter is not maintained/replaced when clogged or generic (non-OEM) replacement filters are used. It would be interesting to know the source of the leak. …
Welcome to the community David. We cannot provide financial or legal advice here, only general information that could help you sort your options.
First, the retailer you purchased it from is responsible under the ACL, not Samsung. The retailer can act as a go between but cannot fob you off to Samsung and disclaim responsibility.
In addition to the ACL and its remedies, if you have homeowners and contents insurance check that for cover. As for it being a major failure that is defined as
- a problem that would have stopped someone from buying it if they’d known about it
- is significantly different from the sample or description
- is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
- doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
- is unsafe.
At 7 years on it is often arguable. Even a serious leak can usually be fixed and thus becomes a minor fault subject to different remedies.
That being written, you might consider if the fridge is acceptable quality. Acceptable quality takes into account what would normally be expected for the type of product and cost.
You can collect and present all claims in advertising or brochures about quality and so on, and for example, claim the failure should not have occurred, the design contributed in some way, and thus you are entitled to compensation.
Be sure to have all exchanges logged or noted as to who, what, when, anything agreed, and have everything you send to them receipted.
I hope this has been helpful for you to understand your options.