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AIBU?

to go for compensation.

16 replies

11needsleep11 · 19/10/2012 16:51

At the weekend i bought a bicycle pump (the old fashioned cylinder one)from a supermarket to fix my Daughters bike.
On Wednesday, as i was pumping, the pump came apart, and the inside part had a jagged metal end which has gouged my hand and made a deep cut. I went to see the nurse yesterday, and she's steri stripped it, as she was concerned it could leave a hole in my hand.
I've taken the pump back,and head office will be getting back to me in a few days. I'm usually a laid back person, but it frightens me that it could have happened to a child.
I want it taking further to ensure that it doesn't happen to somebody else, but people who i know are telling me to push for compensation.
I really don't know what to do about it.

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Seabright · 19/10/2012 16:56

Getting compensation is not as easy as it sounds. You will have to prove the item was faulty and that it wasn't you that broke it. You will have to pay a solicitor and for all the medical examinations or you will have to find one that will do a fee agreement (no fee to you, but you pay them a large percentage of anything you win)

And don't forget:

  1. In the UK you only get compensation to cover your losses, not zillions of dollars as we hear about in the USA
  2. Accidents happen. Wait to hear what the pump company say before you think about taking this further.
  3. In the grand scale of things, this was a fairly minor accident (although I appreciate it must have hurt a lot), you might get a couple of hundred, maybe a bit more - you legal and medical fees will be way more than that
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Seabright · 19/10/2012 16:58

Forgot to add - yes, I am a lawyer.

A lawyer advising someone not to sue - Shock horror!

Hope you hand feels better soon.

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OutragedAtThePriceOfFreddos · 19/10/2012 16:59

I wouldn't go for monetary compensation, but you definitely deserve recognition for what happened from the manufacturer and the company that sold it, and you deserve an apology.

Taking it further does not have to mean asking for money.

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11needsleep11 · 19/10/2012 17:02

thankyou for commenting. I really would feel bad going for money, especially when i heard on the news today of families of soldiers who have died, have been given the go ahead to claim compensation. It kind of puts things into perspective.
I do want it taken seriously though.

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11needsleep11 · 19/10/2012 17:03

it's quite shocked me how many people have told me to go for money.

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Seabright · 19/10/2012 17:04

You are right to want it taken seriously, the company should want to know if it was a one-off failure or whether there is a design flaw.

Hope their reply is satisfactory, but don't forget that if they decide to make a full investigation, answers may not be immediate

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FireOverBabylon · 19/10/2012 17:06

Can you stress to the company how this has affected you - can you still drive, work, do you have a baby you can't easily pick up etc.

Give me loads of money, no, I've got to take the bus to work and put my child into the breakfast club incurring x cost because I can't drive, perfectly reasonable. I'm not sure how you could break a bicycle pump with enough force to create jagged metal by simply trying to use it.

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Kcubs · 19/10/2012 18:26

You should try! Don't involve lawyers solicitors - just write a letter and strongly complain.

I received £250 from a popular high street dept store after a faulty hooded top cut my 1 yr olds neck. First they just wrote a letter saying sorry but i complained further that it was not good enough, threatening sharing photos publicly should help!

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mutny · 19/10/2012 18:39

why do people push for comp and threaten companies when they are not out of pocket?

Does it not occur to people that when companies pay this sort of stuff, they pass on the cost to consumers.
OP yanbu to want it to be taken seriously. Yabu to already be planning compensation as part of that, when you have only just made the complaint and are waiting for them to come back.

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mutny · 19/10/2012 18:41

Oh and it can not have been that bad if you didn't get it seen to until the next day, so I doubt compo would apply.

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stumpymosha · 19/10/2012 18:53

I would take the advice of Kcubs.
The accident you had was obviously painful and may cause scarring, but unless that scar is going to make you feel self concious enough to affect your self esteem, I think claiming compensation would turn out to be more trouble than it's worth.
I would ask them what they intend to do about the defective pump. Are they having a product recall? If they don't intend to investigate this incident fully, I think the threat of legal action may change their mind because if you take action now, it may prevent a child from having a potentially serious accident. What if that jagged metal had hit you in the eye? What if you take no action and another pump does the same thing and hits somebody's little angel in the eye?

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11needsleep11 · 19/10/2012 21:16

thankyou for you comments. As i said before, i felt really uncomfortable about thinking about compensation, it was just quite a few people were telling me i should do it.
My hand is quite painful, and it chills me to think it could have happened to my Daughter or another Child. This is why i want it taking seriously.
Re. Not getting it seen to straight away. I have a disabled Son, and it's just not easy to leave him while i got treatment. I waited till he was at School.

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stumpymosha · 20/10/2012 12:32

Re. Not getting it seen to straight away. Nobody needs an explanation from you so don't even worry about it.
You need to do what you think is right, don't give in to pressure from well meaning friends who are advising you to seek compensation. Just ask yourself, nobody else; is it worth keeping a diary of expenses, journeys to the hospital, doctors, prescriptions, pain and suffering just for a few hundred pounds? Because you won't get much more than that for such a "minor" injury.

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Sirzy · 20/10/2012 12:39

Complain to them and if they offer you some sort of compensation then take it but certainly don't go down the legal road.

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mollymole · 20/10/2012 12:54

What exactly do you see your self as being compensated for ? What have you 'lost' ?

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Nancy66 · 20/10/2012 13:01

People who go for compo always claim they're doing it to 'stop it happening to anyone else'

no you're not. You're doing it for the dosh.

it was an accident. you're alive. Stop being such a (greedy) drip.

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