View Full Version : Any legal peeps here? lawyers/solicitors not sure which i need!!
staceylew01
19-05-10, 01:45 PM
Basically i ordered a trampoline with enclosure, we had nearly finished erecting it, when our dog ran past one of the legs catching his side on a protruding bolt which held the enclosure frame to the trampoline. It caught him and ripped a huge part of his skin off, we ruushed him to the vets and he had emergency surgery. he has since had to have a further operation and is obviously affected by what has happened.
Trading standards have been out to see what happened and are dealing with their side of things, however because it is not a 'criminal offence' they cannot claim against them on our behalf. The company have apologised and acknowledged it was there fault, have offered to pay veterinary bills but we have gone through the insurance to make sure it gets paid. I have asked them to collect the trampoline with a refund which they agree and reluctantly offered £200 to compensate. Its not about the money its about the stress all my family have gone through seeing what has happened and the quality of life my dog is now subjected to, but £200 i thought was taking the p*** abit. Trading standards did say we have a good case and if they didnt offer compensation that we were happy with to go through the small claims court. I dont know where to start or an amount which i should be expecting or be happy with!
Any help would be much appreciated. Thanks.
timwilky
19-05-10, 01:56 PM
I am not legal so might be talking out of my rear. However, I would say you should only be entitled to your financial loss, ie the costs of the vets bill, returned defective trampoline, your time/effort to get things sorted. etc.
just because they have a design fault, I cannot see why there should be punitive damages. If your dog could talk and tell a court he has pain walking and now doesn't enjoy his daily stroll etc. Then maybe some compensation for his injuries. However at best I would say you might be entitled to the cost of having your dog destroyed and a replacement purchased.
If it was a working dog, and could no longer work due to the injury I guess you would be entitled to claim for the cost of owning a second dog, ie purchase cost, training time, food, vets bills etc. But seriously, be happy your dog was hurt further
As far as I can see you;
Have had your vet bills paid
Have had a refund on the tramp
Have had the tramp removed
Have been given £200 as a goodwill gesture.
Why do you think you deserve anything more?
Is the bolt permanently protruding?
Surely it would be less stress just to accept the £200 and get on with things? Accidents happen.
I don't do personal or canine injury work so can't give you an informed comment. However the book you need is called Kemp and Kemp - Quantum of Damages. They'll probably have one in your reference library. I don't have one as I don't do that sort of work.
I think your taking the **** a little to be honest.
I hate the compensation culture we live in today. Accidents happen.
You got a full refund + £200, they even offered to pay the vet bill, I would say you've been lucky as it it.
tigersaw
19-05-10, 02:03 PM
Your story does not make things clear - is the pertruding bolt a design fault, or was it because you had not finished assembling it?
Should the bolt have a cap which you had not fitted?
staceylew01
19-05-10, 02:11 PM
The pertruding bolt is a design fault, and unfortunatly it takes something like this to happen for it to be realised. They are too long for the job and do not come with any covers or caps. I would put up a picture of the damage but i think it is too disturbing. my dog is like part of the family, this has been really upsetting, im fortunate to be of work at the moment as he needs 24hour care. If something had happened to a child which it quite easily could, it would be a totaly different story. I'm only asking as i was told by trading standards to do so as we have a right to. I dont go looking for claims!
AndyBrad
19-05-10, 02:31 PM
you've accepted compensation. jobs a good un.
Mr Speirs
19-05-10, 02:51 PM
I'd say the company involved have been spot on and re-iterate others comments that I'm not sure what more you expect? You don't even know how much you think you should be entitled to.
Also I'm not sure you could justify that a dog needs 24hr care. How does it need tended to 24hrs a day?
Captain Nemo
19-05-10, 03:02 PM
this is funny im gonna watch this
24hr care for a dog, could you claim for a dog carer 24hrs a day till hes better
if youd left an electric drill on the floor and the dog had caught its side on it would you sue black and decker?
accidents happen,
if i was putting up something in the garden and it looked iffy, id either take it back or put a shorter bolt in,
im sorry, and i feel for your dog, ive always had dogs and love em, but this is why 5hits getting so expensive everbodies looking for a little extra, no ones happy, and no accepts that sometimes and accident is an accident.
companies must be paying out compensation all over te place these days
Mr Speirs
19-05-10, 03:10 PM
accidents happen,
if i was putting up something in the garden and it looked iffy, id either take it back or put a shorter bolt in,
Na I agree with the OP here. If a company builds something and sells it it should be right, safe and in this case clearly it was not. Shouldn't be up to the customer to finalise the design for them to make it safe.
And I think the OP was right to complain and demand a level of compensation for the inconvieneance of having to go to the vets etc.
But I think the offer or vets bills paid for, the company removing the tramopline and refunding it and the £200 compensation is very generous and the correct level of recompense.
staceylew01
19-05-10, 03:28 PM
this is funny
Glad this brings amusement to you. id prefere it if you kept your thoughts to yourself.
Milky Bar Kid
19-05-10, 03:33 PM
Guys, I don't think the OP was looking for our opinions as to whether we think she is right or not, I think she was looking for proper advice from someone who has some idea about these kind of things. Not just speculation or armchair opinions.
I think she was looking for proper advice from someone who has some idea about these kind of things.
My advice is that you assemble something and it has a big bolt sticking out, then do something about it. Don't wait for an injury then ask how much you can get for it.
I consider my advice proper (morally) and improper (legally).
Milky Bar Kid
19-05-10, 03:38 PM
And where in the OP did she say she had just left it?
OP can you clear this up for us please? Had you assembled it and just left it or were you still in the process of assembling it when the dog caught itself?
Mr Speirs
19-05-10, 03:42 PM
Guys, I don't think the OP was looking for our opinions as to whether we think she is right or not, I think she was looking for proper advice from someone who has some idea about these kind of things. Not just speculation or armchair opinions.
We know...but how else would we spend the working day?
Milky Bar Kid
19-05-10, 03:43 PM
Meh, fair point! lol!
It's a forum MBK...you should expect everyone to chuck in their opinions! :)
Have you agreed to accept the £200? I don't think you can put in a claim once you've taken that money.
staceylew01
19-05-10, 03:50 PM
Guys, I don't think the OP was looking for our opinions as to whether we think she is right or not, I think she was looking for proper advice from someone who has some idea about these kind of things. Not just speculation or armchair opinions.
Thank you, eventually someone who actually read my post correctly.
And where in the OP did she say she had just left it?
OP can you clear this up for us please? Had you assembled it and just left it or were you still in the process of assembling it when the dog caught itself?
Yes i can, as first stated we were still in the process of putting it together. but this doesnt mean that what was put together was incorrect, all instructions were followed correctly.
staceylew01
19-05-10, 03:51 PM
Have you agreed to accept the £200? I don't think you can put in a claim once you've taken that money.
No i havent accepted anything.
Yes i can, as first stated we were still in the process of putting it together. but this doesnt mean that what was put together was incorrect, all instructions were followed correctly.
Did you follow the advice about supervising children and pets around the construction?
hindle8907
19-05-10, 03:55 PM
if its not about the money, try taking it further get a big pay out teach them a lesson and then go donate it to the RSPCA.
1.)They are out of pocket
2.) You won your case
And
3.)and you just helped loads more animals like your dog ..
Job Jobbed
staceylew01
19-05-10, 03:58 PM
Did you follow the advice about supervising children and pets around the construction?
Is this a trick question? it doesnt matter if it was being errected or was errected, at the end of the day, that is how the bolts were supposed to be. Children and dogs play in the garden and a trampoline is an item to enjoy, if it was stated that this item could cause harm if someone went near it, i would not have bought it!
BigBaddad
19-05-10, 04:02 PM
Get rid of the dog and keep the trampoline.
If your dog cuts itself on a knife that happened to be laying about, would you sue the manufacturer for it being too sharp.
gruntygiggles
19-05-10, 04:02 PM
I can fully understand your grievance, but I don't know how far you would get if you took this further given that you have been compensated already.
I would imagine that if the piece was entire on purchase and this happened, that you'd have a strong case. However, I would also think that if the bolt had to be fitted at home and it was clearly too long/dangerous, the manufacturers legal team would argue that you were also to blame as you knew it was wrong, but left it there anyway.
I'm not saying you are at fault here at all, I would be just as mad as you. I'm just trying to think of what you might be faced with if you take it further.
If it were me, having gone through all that stress and emotion already, I would want to go as far as to make sure that the fault was rectified on all products, a recall was made and then leave it at that. Going to court can just mean lots more stress and if you are unsuccessful, more costs.
Your dog is very thankfully on the mend...the company has taken responsibility and you fighting it more will not achieve anymore for your dog.
Just make sure it won't happen to any other dogs or....children!
if it was stated that this item could cause harm if someone went near it, i would not have bought it!
11k+ hospital admissions can't be wrong.(according to ROSPA (http://www.rospa.com/leisuresafety/adviceandinformation/leisuresafety/trampoline-safety.aspx))
gruntygiggles
19-05-10, 04:16 PM
Also, if you've not accepted the offered compensation, I think you probably can still do something but this is just advice I'm getting from my aunt who is a solicitor that deal with these types of claims.
Her advice is, call your CAB and tell them everything, they will give you a better idea and be able to put yu in touch with the appropriate solicitors in your area!
HTH
Now I don't do this sort of work, but I do sue people for a living.
I can only tell you what i think from a position of informed guesswork, this is not legal advice, and I expressly exclude any duty of care to you and I also exclude all and any liability including in negligance. No I'm not taking the ****, that's what I have to say.
If I were the manufacturer I would write a Calderbank letter (ie headed without prejudice save as to costs) which reiterated the offer to pay £200. I'd refuse to budge. Then if you sued me, I'd defend on its merits. And when the judge assesses any compo - you don't get compo for stress and nervous shock, there has to be something physical - then if it's less than or equal £200 I'd say that you were unreasonable and that, contrary to the normal rule in small claim litigation, you should pay the costs.
If I were you - well watch out for this sort of letter, you will have to take a long hard view of the strengths of the case.
I would try to getthem to increase their offer but as for suing people, this is not the sort of case IMHO - see qualification above, i don't do this sort of work and I can't offer legal advice - which is going to get very far.
Oh dear, that trampoline I was going to buy is now more expensive. I wish more people would take care around things :(
Bluefish
19-05-10, 05:20 PM
Does the offered £200 cover the immediate and likely vet costs?, if it does i would leave it there, if not politely ask them for more, imo.
As far as I can see you;
Have had your vet bills paid
Have had a refund on the tramp
Have had the tramp removed
Have been given £200 as a goodwill gesture.
Why do you think you deserve anything more?
Exactly. Just another case of this country doing the American thing of taking everyone to court. Its become an obsession.
Buy the trampoline again, check around for anything dangerous, replace the bolt or cut the old one down and file it off, everyone is happy. No, you shouldnt have to do it but **** happens. Get over it.
to be honest i dont know what you actually want out of this. so far they have offered you a settlement where you are £200 better off after refunding you for the trampoline and vets bills. if its not about the money, then what is it about?
Its obviously about 'getting one over' on the manufacturer. As she said, she is off work at the moment and has clearly had too much time to think about it.
My advice would be to take the money, buy yourself something nice and get back to work and exaggerate the story as much as you like to your friends... I know I would!
Davadvice
19-05-10, 06:21 PM
if you took this to court the judge would be in favour of the company supplying the trampoline.
i think that this is a great advert for their customer service. do you have the company name?
sorry to hijack but when i was at primary school i was knocked over by a big lad and broke my front teath subsequently i spent ages in the dentist and it then put me off going for years. I had to take it on the chin and spent over 1K in treatment a couple of years ago. would i be able to make a retrospective claim on the school?
BigBaddad
19-05-10, 06:29 PM
Can I sue myself if I self harm........kerching.
staceylew01
19-05-10, 09:26 PM
Thanks to those who actually gave some thoughtful advice. Not so many to those who just wanted to have a go and telling me what i should or should not do and get over it!!
RiCousins
19-05-10, 09:51 PM
Thanks to those who actually gave some thoughtful advice. Not so many to those who just wanted to have a go and telling me what i should or should not do and get over it!!
Don't think people aren't giving sound advice simply because they do not agree with your point of view. IMHO the company have done plenty enough in an attempt to compensate for an unfortunate accident. You say it's not about the money, but what do you really expect other than more money if you take it further? And even if you DID want more money, it's highly unlikely you'll get anything above what it actually cost to address the situation in terms of refunds, vet's bills etc. How do you expect someone to put a value on the stress you've experienced as a result of this?
I do feel for you (and your dog for that matter) - it'd be a crap thing to happen to anyone. And please don't think that just because I don't agree with you it means I'm having a go at you - you've just got to accept that these things are going to happen sometimes, and try and get on with life as best you can.
The pertruding bolt is a design fault, and unfortunatly it takes something like this to happen for it to be realised. They are too long for the job and do not come with any covers or caps. I would put up a picture of the damage but i think it is too disturbing.
Would it be possible to put up a picture of the protruding bolt rather than the damage it caused?
I'm torn. If the trampoline was designed that you attached a knife or drill (to use other people's examples in this thread) to the structure such that they were pointing out and you could injury yourself on them if you came into contact with it, I would say it was poorly designed and the company should be liable.
However dogs & people don't usually go around bumping into things & causing themselves injury and if they did collide with, say, a branch or something, they would recoil from it rather than carry on and cause huge injury. :???:
Speedy Claire
19-05-10, 10:10 PM
Sorry to hear of your dogs injury Stacey... I can`t offer any advice other than to say that this is understandably a very emotional time for you and your family. I imagine you`re all going through a whole host of emotions and maybe you should give yourselves a few days to take stock of the whole situation? don`t do anything hasty as in a few days time you might all feel differently.
Best of luck x
yorkie_chris
20-05-10, 01:06 AM
As far as I can see you;
Have had your vet bills paid
Have had a refund on the tramp
Have had the tramp removed
Have been given £200 as a goodwill gesture.
Why do you think you deserve anything more?
+1
You put the bugger up? Why'd you leave the bolt head protruding anyway?
Here's a cautionary and educational tale for you. Years ago, my Dad got home, parked his motor up and went to get out. The Dog, pleased to see him, went flying up the drive and met the corner of the car door.
Blood everywhere, gore, ribs visible. Docile bloody labradog hardly noticed.
who did we sue? Nobody. Just stitched the dozy bugger up and my Dad made a note to be more careful of where the Dog was when opening car door.
yorkie_chris
20-05-10, 01:13 AM
The pertruding bolt is a design fault, and unfortunatly it takes something like this to happen for it to be realised. They are too long for the job and do not come with any covers or caps. I would put up a picture of the damage but i think it is too disturbing. my dog is like part of the family, this has been really upsetting, im fortunate to be of work at the moment as he needs 24hour care. If something had happened to a child which it quite easily could, it would be a totaly different story. I'm only asking as i was told by trading standards to do so as we have a right to. I dont go looking for claims!
Post a pic of the bolt?
-Ralph-
20-05-10, 01:22 AM
No I'm not taking the ****, that's what I have to say.
Sounds like you're right to cover your ar$e in this case Ed.
If its just a few 100 quid, take it now and walk away.
The hassle of litigation would do your head in, and if the judge thought you were taking the p!55 he'd order costs to the other party, even if you won.
If you're looking for a mega payday out of this.... don't be silly, it ain't gonna happen.
staceylew01
20-05-10, 10:19 AM
OK so this is a picture of the bolt, sorry its small but note sure how to make it bigger. I know everyones going to have their opinion, im just strugling abit thats all. I know now looking at it, that its obvious it could cause harm, but as the bloke from trading standards explained, products go through risk assessments and can appear to be fine, they may sell thousands and its only until an accident occurs, that someone looks at it and thinks why didnt we pick up on that before.
For those people who think im wasting my time, what if this never happened, you bought the product and your child walked into it, poking them in the eye and blinding them, would you still be saying oh well s*** happens? i just want to make sure that they truly understand the consequences of what has happened.
yorkie_chris
20-05-10, 10:23 AM
So are you doing a civil service by making sure these things don't hurt anyone, or just after a few quid? Sounds like they already made a reasonable offer.
Bit pipe lagging and a roll of gaffer, job jobbed.
gruntygiggles
20-05-10, 10:33 AM
Yeah it does look a bit nasty Stacey. As per my previous post, I think if you are going for compensation over and above what they have already offered you, you may end up with more costs. However, again as said before, fighting things like this can prevent further accidents happening. For that reason, I would take some legal advice, starting at the CAB and find out how to get information from the company relating to what measures they have taken to rectify this problem in their other products. If they have ensured that all future bolts will be sized appropriately and issued a warning or recall notice, I think that's probably as far as you can take it.
One thing I will say though is this.....a friend was allowing her dogs and children to play around on and under the trampoline together and I cringed the whole time. These pieces of kit are made for a purpose. If not used properly, accidents happen. Also, if pets/children are allowed to run around as they wish, again, accidents will happen. Dogs are crazy, when they get into "play" mode, it's just safer to have them away from an area where you are constructing something.
This is my opinion and yes....having four dogs of my own, I've had accidents happen...none of us see all the dangers, none of us are perfect and we can't control our dogs every move. But this may be exactly the argument that you will be faced with if you take it any further in order to claim more compensation so I am saying it not to have a go at all.......I do believe you have a valid grievance here. I am just saying it so that you may know what gets thrown back at you. A company won't be worried about a few hundred pounds, but they will not hesitate to tarnish you in order to protect their wn reputation.
Note: I am not l a legal professional, I have chatted to a solicitr in the family and the rest is purely my opinion. :-)
Red Herring
20-05-10, 10:42 AM
I am truly amazed they even offered you what they have, I'd have told you to get lost and to be more careful. When you put that together it would have been obvious to any sane person that running into that, dog or child, would hurt, so I'd have just hacksawed it off flush straight away. Tell me, are you also going to put some wire fencing around the bottom of the trampoline because I'd hate to think what might happen to your dog if it went underneath when someone was bouncing on it?
gruntygiggles
20-05-10, 10:51 AM
I am truly amazed they even offered you what they have, I'd have told you to get lost and to be more careful. When you put that together it would have been obvious to any sane person that running into that, dog or child, would hurt, so I'd have just hacksawed it off flush straight away. Tell me, are you also going to put some wire fencing around the bottom of the trampoline because I'd hate to think what might happen to your dog if it went underneath when someone was bouncing on it?
Yep...but by pursuing it, Stacey may prevent it happening to someone else.......how many numpties do you know that would not look at that bolt and see anything wrong??? Loads....no point letting kids/animals suffer.
BUT, as I've said, i think compensation wise, the company have more than done enough already.
yorkie_chris
20-05-10, 10:54 AM
it would have been obvious to any sane person that running into that, dog or child, would hurt,
Yeah, consumer goods. Don't credit people with that much nouce.
Hang on. It's reasonable to expect that any product bought for consumer use will be safe. This one wasn't.
As for 'what if your child had run into it' - well given the location of the bolt I think it unlikely that that would have happened, and a 'what if' doesn't mean anything. But the company really should have tested this more thoroughly and substituted a shorter bolt that loactes into a self-tapping nut.
Red Herring
20-05-10, 11:05 AM
..........
Trading standards have been out to see what happened and are dealing with their side of things,
So that's the public spirited concern angle covered then...
...... Its not about the money its about the stress all my family have gone through seeing what has happened and the quality of life my dog is now subjected to, but £200 i thought was taking the p*** abit. Trading standards did say we have a good case and if they didnt offer compensation that we were happy with to go through the small claims court. I dont know where to start or an amount which i should be expecting or be happy with!
Any help would be much appreciated. Thanks.
And that's just sheer money grabbing greed with not even a hint of personal responsibility on the horizon. Get a life for Christs sake!
gruntygiggles
20-05-10, 11:07 AM
Hang on. It's reasonable to expect that any product bought for consumer use will be safe. This one wasn't.
As for 'what if your child had run into it' - well given the location of the bolt I think it unlikely that that would have happened, and a 'what if' doesn't mean anything. But the company really should have tested this more thoroughly and substituted a shorter bolt that loactes into a self-tapping nut.
+1
Yes, unlikey that a child would run into it, but health and safety is here to protect against hopefully all eventualities. So yes, the company failed in this respect and so any action should, I feel be to make sure the company rectifies the issue.
Red Herring
20-05-10, 11:12 AM
Heath and Safety is here to protect against reasonable eventualities....
gettin2dizzy
20-05-10, 11:15 AM
Trampoline in the garden...
...Chav ;)
AndyBrad
20-05-10, 11:55 AM
was there any form of netting or anythig to prevent people from going under the tramoline?
-Ralph-
20-05-10, 02:05 PM
was there any form of netting or anythig to prevent people from going under the tramoline?
+1, my Niece and Nephew's trampoline has a thick tensioned nylon webbing type net all the way round the legs, so where those bolts are is not accessible by animals or children once built properly.
You could reasonably be expected to keep children and animals away whilst building it.
If it doesn't have a net then, yes those bolts would need a redesign, but if that is the case then the whole thing needs to be withdrawn for sale as it would only take a moments inattention from a parent for a small child to wander underneath the trampoline, whilst a much bigger child was bouncing around on top. Could end in anything from a compressed neck to getting knocked out, especially if the child on top had not taken shoes off. I don't think I've ever seen one with free access to the underneath, unless a parent has not put the net up.
What make and model is it?
blue curvy jester
20-05-10, 02:09 PM
Health and safety legislation is here to ensure that every thing practicable (not everything practical)has been done.
If this was a one off then as long as the Co. go to court suitably apologetic and say they have now modified all the bolts ( shorter, added covers a note to say hacksaw them off whatever) and made best efforts ( as in a notice on the shops that sell it) to warn other people of the issue, they would be fine.
If not they would be done.
There is an implied duty of care built into the legislation therefore someone going under it ( even a child ) whilst it was being use properly would not be covered even if there wasnt a net ( like not having to have warning on fires saying this may be hot)
( i know this is not the case with the bolt as it is an issue just making the point )
i have been through 2 similar cases (glass breaking on entry doors leading to a cut hand, a design fault but the doors were 50 yrs old ) the first student got all bills covered and a £50 ex gratia payment and was happy
a month later a 2nd student did the same on the next door refused the apologies and cash and took me as H+S officer to court, he lost as since the first case we had put aup signs saying push on the wood not the glass ( the doors are inexcess of 50 yrs old and that was deemed practicable, practically we could have taken out all the glass and replaced with plastic or newer toughed glass)
the judges ruling was that we had carried out a proper risk assesment reviewed after the first case and made practicable alterations to ensure it wouldn't happen again, the student had to pay all his plus our costs.
in this case as i said above if they make changes the same would occur
staceylew01
20-05-10, 03:29 PM
was there any form of netting or anythig to prevent people from going under the tramoline?
No there is nothing supplied or an option to purchase a net to go around the bottom of the trampoline.
it would only take a moments inattention from a parent for a small child to wander underneath the trampoline.
What make and model is it?
My point exactly, which is what happened. Sorry but i dont think its a good idea to disclose the make and model!
ceeshaw
20-05-10, 05:27 PM
For those people who think im wasting my time, what if this never happened, you bought the product and your child walked into it, poking them in the eye and blinding them, would you still be saying oh well s*** happens? i just want to make sure that they truly understand the consequences of what has happened.
I think they do understand -- how many companies would have acted that quickly? But dogs are dogs and kids are kids -- if it was your kid you'd have a stronger argument... but then again, dinner tables still have corners the same height as kids eyes and we're not hacking those off!
Your point has been made - and IMO taken by the company concerned - if however, you want to punish them then go to google (not forums.sv650.org) and type in: Compensation solicitors near [your postcode]
GWS dog!!
-Ralph-
20-05-10, 07:30 PM
Sorry but i dont think its a good idea to disclose the make and model!
Why not? If it's dangerous and as you say, you would want to avoid it happening again, then it would make sense to tell us which one it was. It's the start of summer, hundreds of them could be sold before they change that bolt, and more dogs or kids hurt! You'd rather name the make and model than see that happen surely?
Bluefish
20-05-10, 09:53 PM
Bloody hell, have you seen those springs, just think of the damadge they could do to a small child, personally i think trampolines should be banned, what happens if said child jumps, falls of trampoline and breaks their neck, whose fault is that?.
-Ralph-
21-05-10, 08:13 AM
I don't think I've ever seen one with free access to the underneath, unless a parent has not put the net up.
Well I stand myself corrected, I've just done a google shopping search and the majority of them don't have a net round the bottom.
Bloody hell, have you seen those springs, just think of the damadge they could do to a small child, personally i think trampolines should be banned, what happens if said child jumps, falls of trampoline and breaks their neck, whose fault is that?.
They do almost all have a net round the top so the kids shouldn't be able to fall off.
It's not that unusual that one of the kids comes off my nieces and nephews trampoline crying, but it's 'cos they all been bouncing around and either landed on one another, or crack their heads together. I don't think they should be banned, they are great fun and great exercise, and there are much more dangerous things that kids love to do and I used to do all the time, like climbing big trees. We don't want to wrap them all in cotton wool.
As I've said and you've supported with your comment about springs though, the underneath of a trampoline is not a place for a kid to be. Those on here who don't have children might chime in, "we'll don't allow you kids to go underneath it then!", but anyone who has ever tried to keep their eye on a toddler who is wandering around the garden, whilst keeping their eye on a spitting flaming BBQ, whilst Mum goes to the toilet, will know that you need to make sure your environment is child safe to a certain extent so you can take your eyes of them for a short time. That's just a look about you and a bit of common sense, pick up the garden shears and put them away, etc. Common sense would say to me that a trampoline big enough for a child to climb or walk underneath, should have a net round it.
ArtyLady
21-05-10, 09:09 AM
I can't believe some of the replies on here - the poor girl has had a problem and all some of you do is make snide comments! :confused: :(
To be honest it is one of the reasons I don't come on here very much any more - it just seems to be so unfriendly these days :(
staceylew01
21-05-10, 09:34 AM
I can't believe some of the replies on here - the poor girl has had a problem and all some of you do is make snide comments! :confused: :(
To be honest it is one of the reasons I don't come on here very much any more - it just seems to be so unfriendly these days :(
Thank you so much, thats all i wanted was some freindy advice, of which i have had some, but i do feel like im going to be hunted down by a mob.:sad:
Biker Biggles
21-05-10, 09:37 AM
I can't believe some of the replies on here - the poor girl has had a problem and all some of you do is make snide comments! :confused: :(
To be honest it is one of the reasons I don't come on here very much any more - it just seems to be so unfriendly these days :(
Partly agree.
However there are only a few unpleasant comments,with some of the rest being strongly held opinions which the OP perhaps didnt want to hear.If you post a scenario on a public forum you must expect contrary posts,and live with it.
On a wider note,with the org in general, I wouldnt ever want to lose the ribbing and p1sstaking that goes on.Be a very boring place without it,and Id rather see the mark overstepped a bit than have it snuffed out.
yorkie_chris
21-05-10, 09:39 AM
Are you "wow"s new pseudonym? Nobody cares that much love, you just put something up on an internet forum which sounds like* part of the compo-culture which not many people are a big fan of. you just got peoples opinions on the matter, which happens, no way around it.
Guaranteed it's nothing personal, and next thread you put up will be answered honestly and on its merits, or to help solve any other problem you ask about.
*N.B, making allowance for you coming across the wrong way, which happens.
ArtyLady
21-05-10, 09:44 AM
Are you "wow"s new pseudonym? Nobody cares that much love, you just put something up on an internet forum which sounds like* part of the compo-culture which not many people are a big fan of. you just got peoples opinions on the matter, which happens, no way around it.
Guaranteed it's nothing personal, and next thread you put up will be answered honestly and on its merits, or to help solve any other problem you ask about.
*N.B, making allowance for you coming across the wrong way, which happens.
Who me? or OP?:confused:
PS you are one of the people who have made me feel like **** YC - shame cos I've heard you are quite a nice person in real life :(
yorkie_chris
21-05-10, 09:48 AM
Both of you TBH.
I'm an opinionated *rse in person too, people see funny side there though... who is it has the sig with "computers are rubbish for communicating because they don't have eyebrows"?
It's just a forum, you really shouldn't be that sensitive to be made to feel like sh*t by some words on a screen from some tit who you've never met.
Biker Biggles
21-05-10, 09:48 AM
As for the OP-----I think the offer you have is reasonable.You have all your expenses paid and £200,with the maker fixing the design issue now they are aware of it.
I had a very similar accident with my dog,but with no one to blame.Out in a field the dog chased a fox and ran into a thicket.He speared himself on a sharp bit of tree and needed 15 stitches to his side a £150 vet bill.One of those things.
ArtyLady
21-05-10, 10:01 AM
Both of you TBH.
I'm an opinionated *rse in person too, people see funny side there though... who is it has the sig with "computers are rubbish for communicating because they don't have eyebrows"?
It's just a forum, you really shouldn't be that sensitive to be made to feel like sh*t by some words on a screen from some tit who you've never met.
Oh okay - so I (and other sensitive people) will just magic that sensitivity away then shall we? Can you tell me how to do that?
yorkie_chris
21-05-10, 10:08 AM
Oh okay - so I (and other sensitive people) will just magic that sensitivity away then shall we? Can you tell me how to do that?
1, repeat after me "#sigh# what a d*ck this nasty forum person is"
2, type www.google.com into address bar
3, search for "cute fluffy kittens"
4, return to forum in 10 minutes and resume conversation refreshed and rejuvenated
If all else fails then that little X in top right hand corner makes them all go away :smt056
Most important thing is to realise that nobody really cares that much, it's just somebodies opinion, or a wind up. If we were all happy clappy nicey nicey then what would be the point of going on here? "Oh sorry you can't disagree, you might offend someone", if you want that place go find wow on a h*rl*y forum :smt077
ArtyLady
21-05-10, 10:13 AM
1, repeat after me "#sigh# what a d*ck this nasty forum person is"
2, type www.google.com (http://www.google.com) into address bar
3, search for "cute fluffy kittens"
4, return to forum in 10 minutes and resume conversation refreshed and rejuvenated
If all else fails then that little X in top right hand corner makes them all go away :smt056
Most important thing is to realise that nobody really cares that much, it's just somebodies opinion, or a wind up. If we were all happy clappy nicey nicey then what would be the point of going on here? "Oh sorry you can't disagree, you might offend someone", if you want that place go find wow on a h*rl*y forum :smt077
I care! Wow cared! staceylew cares!
Rubbish! - of course you can disagree - but you could try using tact and diplomacy :smt120
yorkie_chris
21-05-10, 10:24 AM
I care! Wow cared! staceylew cares!
Rubbish! - of course you can disagree - but you could try using tact and diplomacy :smt120
I mean the people who are being "all mean". They don't care that much, it's not personal. They're either giving you an honest and forthright opinion, or they're on a wind up.
I could try tact and diplomacy but I'd be saying the exact same thing, it would just take longer.
If this was a tech thread and someone was doing something dangerous would you want me to tactfully and diplomatically slither my way through the topic like some politician or just tell them straight up "stop being a dozy bugger, buy a manual and do job reet, this is dangerous."?
I think it comes down to Yorkshire attitude "I say what I like, and I like what I say". And I'm also quite happy to argue for the hell of it, it's a moderately amusing diversion :)
timwilky
21-05-10, 11:01 AM
You bloody tykes. No respect for others feelings.
Shame on you.;)
You would find a Lancastrian as callous and heartless as you lot.:-dd
yorkie_chris
21-05-10, 11:04 AM
You bloody tykes. No respect for others feelings.
http://www.youtube.com/watch?v=jY4tD2Hbg_A
FFS what next? Lets ban motorcycles, they've claimed loads of peoples lives...:smt120
Lets all go around putting cotton wool balls on the branches of trees, "that could have someones eye out".
All health and safety legislation expects individuals to carry responsibility for themselves and all others around them. The trend in H&S in industry is moving away from just punishing employers, and towards asking questions of the individuals involved, including the victims in a given incident.
I do have some sympathy for the OP though, not everyone will notice these things when you're in the middle of building something. That said, I think the manufacturer has been very reasonable in their dealings so far, and I don't understand what you hope to gain by pursuing this any further. You've said it's not financial, so what is it?
Perhaps an informal, friendly, but concise letter to the company asking what they are doing to prevent this happening again would do more to satisfy you than dragging them to court.
staceylew01
21-05-10, 11:44 AM
I care! Wow cared! staceylew cares!
Rubbish! - of course you can disagree - but you could try using tact and diplomacy :smt120
Thank you
I think ive heard everyones opinion now, thank you for your input.
ArtyLady
21-05-10, 11:50 AM
I absolutely agree that the blame culture is getting out of hand - I grew up in the sixties - we had such a free rein we learned the hard way! People don't have much choice about wrapping their kids up in cotton wool these days because woe betide them if it goes wrong the H&S brigade would hold them responsible :mad: unfortunately what goes with that is the acceptance that this is "normal". People have now lost their ability to make decisions for themselves and if they do someone will tell them they are wrong :rolleyes:
But what I have also noticed is people's attitudes have changed and most people seem to think it is perfectly acceptable to behave badly toward others - you see it everyday on the roads/internet forums/shops/streets - aggression/anger/impatience......such a shame.
Staceylew01
Ok, ive put some comments down on this threat to show my feelings towards your situation and now ill be straight.
I can totally understand where you are coming from and how in a way you want some sort of revenge for whats happened. You had to rescue your dog and from how you described it, it wasn't a very nice experience.
The company has offered you compensation in the way that it has covered all of your costs and given you £200 straight in to your pocket. Thats great and i'd take that.
Why dont you write them a letter asking if there will be a recall of the product, if so, what date will the revised product be available in shops? If on that date you purchase the product and it still has the protruding bolt. Then perhaps you could take it further? Its a kind of mutual thing where they HAVE to make the change. This way you have helped out in a way and know that you have made a change!
About a year ago, I was working in a basement on a building site approx 20ft x 10ft x 10ft. All of a sudden a wall collapsed and 20 tons of liquid fast setting concrete poured in at an extremely fast speed, I was stuck up a scaffold and watched in horror at the concrete rose up the wall. Little did I know that the whole site had gone to lunch!
The worst thing about it was just 2 minutes earlier, I was working exactly where the wall collapsed, the pressure of the bricks hitting me and the pressure of 20 tons of concrete hitting me would have thrown me from where i was, smashed me against the wall and almost certainly have killed me.
Did I claim? No. Whats the point? And yes, twice I woke up at night with a nightmare of the same incident happening, so yes it affected me. I got a nice new pair of boots and a nice new tool bag as compensation from my company which I thought was very nice!
Your £200 is a good offer, take it and walk away. There really is no need to take this further.
Red Herring
23-05-10, 07:13 AM
This isn't about people wanting to be nasty, or picking on someone they haven't met. Public forums are about discussion and giving folks the opportunity to air their views, although I accept that sometimes people are braver with a keyboard than with the spoken word and might be more inclined to give a more honest view here than to your face. Is that such a bad thing then?
The Op came on here with a very sad tale and I haven't seen a single post saying the poor dog got what it deserved. Nobody likes to see suffering and if we could stop it we would, and the vast majority of us would offer support and help to someone in need if we could.
The thrust of the OP's original post though wasn't about sharing a tragic tale with us, it was very specifically asking us how much compensation we thought they ought to ask for, in fact they even asked what we thought they would be happy with! There are few things that make my blood boil as much as someone who appears to think they are responsible for nothing yet entitled to everything, so I make no apology for giving the OP a full broadside at the first opportunity. As forums go this one is pretty friendly and seems to contain a fairly diverse spread of viewpoints, I wouldn't be here if it didn't. I suggest the OP needs to reconsider why they posted. If they just wanted someone to make yet another decision for them they've come to the wrong place, if they want a reality check then please carry on.
vBulletin® , Copyright ©2000-2025, Jelsoft Enterprises Ltd.