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

Originally Posted by TazDaz

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.

Originally Posted by staceylew01

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]

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

Originally Posted by simesb

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!

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]

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!

Originally Posted by staceylew01

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)

[gruntygiggles]

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.

[Messie]

Oh dear, that trampoline I was going to buy is now more expensive. I wish more people would take care around things