Product defect causing personal injury.Legal advice…

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.

Switch the tv on around nine o’clock.

Write down telephone numbers when the ads come on.

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*

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 make some money for themselves help you.

So a “minor injury” means the ambulance chasers are in business again, just great.

Can we have a guessing game as to what the product is ?
Assuming it’s bike related, I’m going for Egg Beaters.

hope qr

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. 🙂

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

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.

Anybody want a Rich Tea with their coffee 😆

is it something carbon???

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.

Not entirely sure that you’ll be succesful going down the punitive damages route.

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.

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.

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

I wasn’t thinking that at all…

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???

Wa it a penis enlarger,

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.

I was thinking maybe it might be a fleshlight?

I was thinking maybe it might be a fleshlight?

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

😆

I was thinking maybe it might be a fleshlight?

It could explain his username.

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.

Get a grip / life FFS

What the hell is a fleshlight? 😉

Did you get your finger pinched in a Rapha merino jersey zip ?

Anyone at work would be advised not to google in order to answer SBZ’s question. (and get me banned) 🙂

Podium – Member
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.

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

Unless of course the injury warrants it?

What the hell is a fleshlight?

An organic torch.

As in protein organic? Or left to grow by itself organic?

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.

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

Awww paw ickle podium, you seem to be a bit upset.

Do you want us to collectively kiss your boo boo?

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?

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.
🙄

Exceeded weight limit on saddle = good guess.

I am in my dressing gown. Traumatised? Want compensation for that image a s well?

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.