Product defect caus...
 

[Closed] Product defect causing personal injury.Legal advice...

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Without going into specifics,i sustained a minor injury due to a product defect.

I may have to escalate this because:

1. The company originally dismissed the "case" due to getting their facts wrong [misinformed along the chain]

2.Official letter - wanting me to return goods so that their Technicians could examine the evidence and come to a conclusion,effectively stated that if my claims were just [ie defect] then I would be reimbursed.

Err well,I think personal injury goes a tad beyond a refund chaps! So this has angered me to want to take the matter further.

Have provided photographic evidence of the injury and faulty goods.

Any suggestions on how best to proceed/word any further correspondence?

Much appreciated.


 
Posted : 11/07/2011 7:46 am
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Switch the tv on around nine o'clock.

Write down telephone numbers when the ads come on.


 
Posted : 11/07/2011 7:48 am
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I'm just about to inform them via email that as well as getting a lawyer on the case I now have the STW tribe on the team *thumbs up*


 
Posted : 11/07/2011 7:56 am
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I hardly think you can class DD as 'the STW tribe' especially given his reply.

You might find other replies less than enthusiastic without some more details!

I'm sure the ambulance chasers you call will be very enthusiastic and take on your case if they can [s]make some money for themselves[/s] help you.


 
Posted : 11/07/2011 8:06 am
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So a "minor injury" means the ambulance chasers are in business again, just great.


 
Posted : 11/07/2011 8:12 am
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Can we have a guessing game as to what the product is ?
Assuming it's bike related, I'm going for Egg Beaters.


 
Posted : 11/07/2011 8:13 am
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hope qr


 
Posted : 11/07/2011 8:15 am
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I'm not sure that by "Reimbursed" they mean just a refund. You are hoping for them to say 'compensation', but if the injury is minor what have you measurably lost - days off work, permenant disfigurement, material loss- that can be compensated for? What value can you put on it?

I'd imagine that the action they have in mind is something more than a credit note but also something a little less than you could expect to retire on. 🙂


 
Posted : 11/07/2011 8:20 am
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Very hard to show that the product failure was the fault of the company and that it directly caused the injury making the company responsible for the injury, very hard to quantify how much a "minor injury" is worth.

I suggest you save your energy for something that is worth it. This will be a big fight with no certainty of outcome and a minor injury is worth little anyway


 
Posted : 11/07/2011 8:39 am
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I would expect that you're legally obliged to allow the company to make amends. If they've requested the goods back for inspection, which doesn't sound wildly unreasonable to me, then you sitting there going "wah wah solicitors" isn't going to help your case any. If it were to go to court, they'll simply say that they were going to sort it out and you wouldn't let them. You've got clear photographic evidence, after all.

Once they've been given a chance to investigate, they'll offer you a figure which may or may not include compensation. It'll probably be then minimum they think they can get away with to make you shut up and go away. Once you've finished haggling over what you both think is fair, you'll have a figure in front of you. If you're not happy with that, that's the point you start legal proceedings.

ObDisclaimer: IMHO, IANAL, etc.


 
Posted : 11/07/2011 8:40 am
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Anybody want a Rich Tea with their coffee 😆


 
Posted : 11/07/2011 8:54 am
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is it something carbon???


 
Posted : 11/07/2011 8:59 am
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As part of the settlement agreement in Yeti v's McVities I'm no longer allowed to eat Rich Tea biscuits with coffee because of a choking hazard.
For this reason.. I'm out.


 
Posted : 11/07/2011 8:59 am
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Not entirely sure that you'll be succesful going down the punitive damages route.


 
Posted : 11/07/2011 8:59 am
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Was it a finger cut from that nasty plastic vac formed packaging?
That stuff makes me so angry that I go green with rage and burst my clothes at the seams.
Still can't get the bastards to cough up for the tailoring bills.


 
Posted : 11/07/2011 9:11 am
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a minor injury

What was it:? Should be easy for a PI lawyer to work out what it's worth.

**** all I am guessing, given the prissy OP.


 
Posted : 11/07/2011 9:12 am
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**** all I am guessing, given the prissy OP.

I wasn't thinking that at all...


 
Posted : 11/07/2011 9:23 am
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Without ANY information i.e. product type (no need to name names yet), circumstances and consequential injury caused, how on earth do you expect the STW Legal Council to come up with a definitive answer???


 
Posted : 11/07/2011 9:50 am
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Wa it a penis enlarger,


 
Posted : 11/07/2011 9:58 am
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From the tone of the post, I am thinking the minor injury was possibly due to "Darwins Law" on the users part, and that a far more catastrophic injury is just round the corner.

Please, keep using the product. Badly and without reference to the instructions if possible. Hopefully its a chain saw, or something industrial.


 
Posted : 11/07/2011 9:59 am
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I was thinking maybe it might be a fleshlight?


 
Posted : 11/07/2011 9:59 am
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I was thinking maybe it might be a fleshlight?

that'll be the *thumbs up* referred to above then 🙂


 
Posted : 11/07/2011 10:06 am
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😆


 
Posted : 11/07/2011 10:08 am
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I was thinking maybe it might be a fleshlight?

It could explain his username.


 
Posted : 11/07/2011 10:08 am
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Ha...keyboard tourettes style posts always crack me up.

Not a bike part failure.Nothing to do with just riding along.

It's their tone/attitude that is getting on my t1tties,more than anything.Could just be standard letter stuff but
" if the product is found to be defective,as you claim,we might issue a refund" or words very close to that effect is more than annoying when I have suffered a personal injury as a result.

As a matter of principle I will take it further if they continue to not really give a sh1t.

That is all.


 
Posted : 11/07/2011 10:19 am
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Get a grip / life FFS


 
Posted : 11/07/2011 10:19 am
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What the hell is a fleshlight? 😉


 
Posted : 11/07/2011 10:20 am
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Did you get your finger pinched in a Rapha merino jersey zip ?


 
Posted : 11/07/2011 10:20 am
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Anyone at work would be advised [i][b]not[/b][/i] to google in order to answer SBZ's question. (and get me banned) 🙂


 
Posted : 11/07/2011 10:21 am
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Podium - Member
[u]It's their tone/attitude that is getting on my t1tties,more than anything.[/u]Could just be standard letter stuff but
" if the product is found to be defective,as you claim,we might issue a refund" or words very close to that effect is more than annoying when I have suffered a personal injury as a result.

As a matter of principle I will take it further if they continue to not really give a sh1t.

That is all.

I think I'm going to continue to not give a shit.

Unless of course the injury warrants it?


 
Posted : 11/07/2011 10:25 am
 derp
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What the hell is a fleshlight?

An organic torch.


 
Posted : 11/07/2011 10:27 am
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As in protein organic? Or left to grow by itself organic?


 
Posted : 11/07/2011 10:28 am
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Monday morning blues all round it seems.

TJ - sometimes you talk sense,but I strongly disagree with you

me = injured,why should I get a life blah blah.

Honestly,STW is so full of members these days who seem to go into auto moron pilot whilst tapping at the keyboard in a frenzy whilst foaming at the mouth 😆

As you were.


 
Posted : 11/07/2011 10:30 am
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I think Ineed to know the extebt of the injury before i can decide what you should do

Have you been off work, if so how long?

were you off work, if so for how long?

are you better now, how long did this take?

The law exists to help you claim losses you incurred as result of other people negligence.

What losses have you incurred?

in what way were they negligent?

the law is not there in case you get annoyed with the customer service department


 
Posted : 11/07/2011 10:30 am
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Awww paw ickle podium, you seem to be a bit upset.

Do you want us to collectively kiss your boo boo?


 
Posted : 11/07/2011 10:31 am
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Podium - seeing that you are on here blathering away I'd suggest that your injury is probably not a lot more than a scratch on your arse. Did you exceed the weight limit on a saddle per chance?


 
Posted : 11/07/2011 10:32 am
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What makes it worse is that 85% of you are sat there in your Jockeys whilst dribbling from the corner of your mouth,elevated heart rate and chest heaving ready to rock your virtual world.

Even more worrying is that this is while you are at work.
:mrgreen: 🙄


 
Posted : 11/07/2011 10:35 am
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Exceeded weight limit on saddle = good guess.


 
Posted : 11/07/2011 10:36 am
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I am in my dressing gown. Traumatised? Want compensation for that image a s well?


 
Posted : 11/07/2011 10:36 am
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Did you get reamed by a broken carbon seat post?

Why not share the injury with us? It's not as if that would have any influence on any potential case you may or may not have for compo.


 
Posted : 11/07/2011 10:37 am
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What makes it worse is that 85% of you are sat there in your Jockeys whilst dribbling from the corner of your mouth,elevated heart rate and chest heaving ready to rock your virtual world.

How does that make it worse? Surely thats the only way to post on singletrackworld.

If you havent tried it, your missing out!


 
Posted : 11/07/2011 10:38 am
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Are you going to tell us any more

or are you now going alienate everyone who hasn't alreasdy given you a hard time


 
Posted : 11/07/2011 10:50 am
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Blimey you seem really wound up. Would you like a hug?


 
Posted : 11/07/2011 10:55 am
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LOL podium, you've posted up a ridiculous thread, not given any info to enable us to answer your Qs, and keep on flaming US!

Yet another thread that keeps on giving....


 
Posted : 11/07/2011 10:56 am
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Minimum requirements are product type, circumstances of use and type of injury.

You're just making life hard for yourself, are you new here?


 
Posted : 11/07/2011 10:58 am
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So has he still not said?

Will someone give me a shout when he does so we can give actual made up advice and opinions.


 
Posted : 11/07/2011 11:01 am
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Is it a helmet?

These are notoriously unreliable I've heard 😈


 
Posted : 11/07/2011 11:01 am
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product type, circumstances of use and type of injury

I reckon we should just make some up and he can tell us when we get the right combo.

To start

- hairbrush

- 'fell onto it' and bristles broke off, wedging it in

- *censored*


 
Posted : 11/07/2011 11:02 am
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Does not having a leg to stand on count as a minor injury?


 
Posted : 11/07/2011 11:02 am
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Surely there is some quality trolling going on here?


 
Posted : 11/07/2011 11:09 am
 grum
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How can you expect sympathy/help when you won't give any details as to what you're on about?

If it is a troll then it's a good un.


 
Posted : 11/07/2011 11:19 am
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If it's a troll, then it's a bit crap, TBH.


 
Posted : 11/07/2011 11:21 am
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Hmmm... in my opinion any 'troll' that resorts to abusing it's readers is a rubbish one. Especially when done in such an overt way.

Frothing at mouths, keyboard tourettes and sat in just our underpants. Shows such little imagination and creativity. Hardly worthy of the label 'great troll'.

Think back to the work of Mr Nutt etc... that's what greatness is... not this.


 
Posted : 11/07/2011 11:25 am
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[img] [/img]


 
Posted : 11/07/2011 11:25 am
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Is this one of those unpleasant threads where the 'usual suspects' gang up on the OP?

Just asking like?


 
Posted : 11/07/2011 11:26 am
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The OP was given some helpful advice and ignored it


 
Posted : 11/07/2011 11:28 am
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Is this one of those unpleasant [s]threads[/s] forums where the 'usual suspects' gang up on the OP?

Just asking like?

Fixed that for ya!


 
Posted : 11/07/2011 11:30 am
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LOL @ djgl, oh the ironing.


 
Posted : 11/07/2011 11:33 am
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[img] ?t=1291571582[/img]


 
Posted : 11/07/2011 11:35 am
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The artifical hip on the left of the picture is the defective product in question, its obviously left the patient with one leg longer than the other. He's complained but its so frustrating - he just ends up going round in circles.


 
Posted : 11/07/2011 11:40 am
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And theres something wrong with his nob too by the look of it


 
Posted : 11/07/2011 11:49 am
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is that not normal? 😳


 
Posted : 11/07/2011 11:51 am
 grum
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Is this one of those unpleasant threads where the 'usual suspects' gang up on the OP?

Just asking like?

I think this somewhat presumptuous third post of the thread, combined with the lack of info, is what set people off 🙂

I'm just about to inform them via email that as well as getting a lawyer on the case I now have the STW tribe on the team *thumbs up*


 
Posted : 11/07/2011 11:54 am
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are you the guy from "one man one jar"?


 
Posted : 11/07/2011 12:04 pm
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I'm not only qualified to give legal advise I'm normally happy to do so and delighted to bicker over the details of why i may or may not be wrong. But without any relevant info it is impossible to help !!!

Product or generic description of product.

nature of failure

circumstances of failure

degree of injury in detail.

without this info your request is just a waste of time.


 
Posted : 11/07/2011 12:08 pm
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Just googled fleshlight...

Why do these never come up in the Classifieds?


 
Posted : 11/07/2011 12:12 pm
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Why do these never come up in the Classifieds?

I'm waiting for Troutie to make a super powered version.


 
Posted : 11/07/2011 12:17 pm
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Hook Line & Sinker!

Thought it would be good to get some reactions after reading the dog kicking thread and what utter tripe people on here come out with.

Get back to work you bumscratchers.

Threatened with a ban too.

This place rocks.


 
Posted : 11/07/2011 12:18 pm
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A master work


 
Posted : 11/07/2011 12:22 pm
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Ah, the Edinburgh defence.


 
Posted : 11/07/2011 12:24 pm
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Threatened with a ban too.

Mods, WTF? Gone soft?


 
Posted : 11/07/2011 12:27 pm
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I think that we may have a new STW verb... "to Podium"... meaning to utterly fail.


 
Posted : 11/07/2011 12:27 pm
 derp
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Hook Line & Sinker!

Does no-one stick to their guns these days?


 
Posted : 11/07/2011 12:30 pm
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Hook Line & Sinker!

Dude, you're AWESOME.


 
Posted : 11/07/2011 12:42 pm
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[i]"...and what utter tripe people on here come out with"[/i]

Thank you. I put a lot of effort in to writing utter tripe. It's nice to know that it's not unappreciated.


 
Posted : 11/07/2011 12:44 pm
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Is it just me, or do people who create troll threads come across as desperate attention seeking losers?

I just don't understand why you would spend so much time trying to 'trick' a bunch of strangers on the internet.


 
Posted : 11/07/2011 12:44 pm
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I remember someone doing a skinny jeans thread - stupid attention seeking tosser 🙁


 
Posted : 11/07/2011 12:45 pm
 derp
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Thank you. I put a lot of effort in to writing utter tripe. It's nice to know that it's not unappreciated.

Tripe? Bad vegan!

I just don't understand why you would spend so much time trying to 'trick' a bunch of strangers on the internet.

It's not a troll. It is purely the Edinburgh Defence in action.


 
Posted : 11/07/2011 12:48 pm