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-   -   Any legal peeps here? lawyers/solicitors not sure which i need!! (http://forums.sv650.org/showthread.php?t=151808)

yorkie_chris 20-05-10 01:06 AM

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
Quote:

Originally Posted by simesb (Post 2272677)
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
Quote:

Originally Posted by staceylew01 (Post 2272690)
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
Quote:

Originally Posted by Ed (Post 2272797)
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.

Bri w 20-05-10 01:28 AM

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
1 Attachment(s)
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
Quote:

Originally Posted by Red Herring (Post 2273377)
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

Re: Any legal peeps here? lawyers/solicitors not sure which i need!!
 
Quote:

Originally Posted by Red Herring (Post 2273377)
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.


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