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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To want to sue these idiots for every damn penny they've got?

35 replies

Emprexia · 15/06/2007 23:09

Something happened today that i'm still absolutely hopping mad about.. i can't believe anyone would be so fucking stupid as to do this.

A couple of weeks ago, my dad had some work down on the window in his lounge, and it would appear that while using a Stanley Knife to pick out the old window seal, one of the Glaziers broke the tip off said knife.. and declined to TELL anyone.

This afternoon, while keeping my parents dog company as they'd gone for a day out without him, i noticed DS had a cut on his arm about an inch long, and while tending to it, i noticed him chomping on something.

Not realising what it was, i fought him to fish it out and it fell down the side of the cushion and i didn't think about it until i'd sorted him out.

When i picked what i thought was just a piece of plastic up from where it had fallen, i noticed it was infact a shard of metal.. yes, you've guessed it. My 9 month old baby had been cut by and was chewing on a shard of broken knife blade!!!

thank god he didn't swallow it is all i can say. That and thank god i didn't rip his mouth to ribbons while i was trying to get it out of his mouth before he DID swallow it.

I just can't believe that someone would be stupid enough not to tell the customer to be careful because they'd broken a knife and hadn't found the piece.

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alicet · 17/06/2007 13:31

I think what happened to your ds is awful and I'm really thankful it wasn't more serious.

However you say that they glazing work was done a couple of weeks ago so there is absolutely no way you can prove it was due to them. Even if it was done the same day you can't prove they left this as its something anyone might reasonably have in their house (a stanley knife I mean, to do diy - not a bit of blade on the floor).

I would write a letter of complaint to the company in question - hopefully this will mean they be more careful in the future. But I also agree with the poster who said that leaving things in a mess is a fact of life after having diy done and if you want to prevent this happening in the future you neeed to check yourself.

CorrieDale · 16/06/2007 17:37

I wouldn't recommend making any threats that you don't then carry out. And I definitely wouldn't go to the papers with this because the bottom line is that you can't prove that it was them who left the knife. I'd never publish anything I couldn't prove, simply because I don't ever want to be on the wrong end of a libel suit. But then, I'm ultra-cautious.

morningpaper · 16/06/2007 14:28

Is it annoying but when you have builders and do DIY there is always sharp stuff around afterwards - that's why it's so important to have a thorough clean-up afterwards!

You could have had the same situation if your dad had broken a wine-glass - it's just one of those unfortunate things.

It's shocking and scary for you but I think you are (understandably) over-reacting a bit.

Dawnybabe · 16/06/2007 14:11

Can I also just point out that when you or your father phones them, tell them that you are going to the local papers to highlight their gross breach of safety, their employees attitude towards leaving broken knife blades in customers' houses and the injuries to your baby son! That ought to get a reaction.

Rosa · 16/06/2007 14:07

That is terrible. and sorry 40+ but even if H&S are pushed to the limit the company should have their hands slapped for not respecting H&S highlighting the safety bit. and a 9 mth old with a cut arm and potential cut throat sounds a bit serious to me ..

lulumama · 16/06/2007 13:57

of course you are not unreasonable !

but i think you know it would be a waste of time

get any injuries documented, and write a stinking letter and report to any trades ombudsman you can

Emprexia · 16/06/2007 13:54

Im not surprised - which is why i posted to clarify.

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fortyplus · 16/06/2007 12:54

Kaishay - trust me - H&S people are so over stretched that if no injury has occurred it's unlikely they'll do any more than phone the company for a brief chat.

I sit on the opposite side of a partition fron the H&S Officers at my local council.

And if you say that 'Am I being unreasonable? : To want to sue these idiots for every damn penny they've got?' then you can't be surprised if people assume that that's your intention.

CorrieDale · 16/06/2007 12:32

Oh in that case, NBU.

Emprexia · 16/06/2007 12:30

I didn't say i was going to sue, i asked if i was being unreasonable for wanting to sue them.

I know i wouldnt have a case as he's not injured (thank god) i'm just so angry that they broke a knife blade and didnt say anything to my parents.

Nevermind that my DS found it - that shard of metal could have ended up in my parents feet or even have been picked up by the dog at any point in the last week.

They will be recieving a phonecall from my father (as the customer) and i wouldnt want to be whoever he talks to because my Father deals with VIP businessmen every day and doesn't take any prisoners.

Depending on the outcome of the phonecall , an official complaint will be made regarding negligence to H&S.

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Ladymuck · 16/06/2007 12:14

It might be reasonable to complain. You might even want to consider whether there is an breech of health and safety, but to be honest I'm not sure - most builders leave the detailed cleaning after a job up to the client. Unreasonable to sue though. I would always expect to have to do an in-depth clean up after building work especially where glass could have been involved.

fortyplus · 16/06/2007 12:04

Surely you can only sue if damage has been done? So if your child had suffered serious injury you could sue, but - thank God - he hasn't so you would be awarded about £10 in damages. If the glazing company made an out of Court offer of settlement in advance - say £100 - and you turned it down and took them to Court you could end up seriously out of pocket. If the Court's award of damages is less than what they offered you beforehand, you would be liable for the entire Legal costs of the case - possibly tens of thousands.

Don't even think about suing!

Phone briefly to complain and say that you will be following up by letter. No doubt the MD of the company will be horrified at his employee's incompetence and stupidity and will take steps to prevent it happening again.

That's the most important thing, isn't it?

CorrieDale · 16/06/2007 11:58

Don't sue - it's well known in the law that one should sue for money, not for a principle, and the costs of this suit would outweigh the money received in damages.

But complain loud and long, in writing and over the phone.

Emprexia · 16/06/2007 11:44

Well fireflyfairy no, we dont. But the cicumstantial evidence screams their name.

  1. ds found it under the window they'd been working on 2)my parents had seen them using stanley knives to try and jemmy the old seal out of the window, but they'd had to give up and drill it out because it was so tough. 3)my father doesnt own a knife like that.

The only way that piece of blade could have got where it did was from them.

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SoupDragon · 16/06/2007 11:03

How very very scarey. It's a good job your DS wasn't hurt.

but I don't think you should sue. Definitely contact the glazing company and vent your fury on them though.

SauerKraut · 16/06/2007 10:27

I am very very glad your baby wasn't hurt, and I agree that it was a very very stupid and thoughtless thing to do. Doing the legal thing can be hard work and stressful ,though, and I'm sure that if you contact the company and tell them, they'll be human enough to realise how bad it could have been, and do all they can to make sure it doesn't happen again- I'm sure the person concerned would feel awful enough without being sued.

Budababe · 16/06/2007 10:17

Bloody hell. Thank God your DS wasn't badly hurt.

We live in a rented house in Budapest and gardening is included in rent. Are about to tell landlord that gardeners are on LAST warning (various petty issues mainly) as when we came home on Thursday after the gardener had been, my DS (5)found a knife on the grasss somewhere. A sort of steak knife. Thankfully he is sensible enough to bring it straight to me and thankfully he found it and didn't fall on it while playing football. And thankfully we didn't have any younger children around at the time.

I would definitely take it further.

fireflyfairy2 · 16/06/2007 10:12

Are you sure it came from the glaziers, before you take this any further?

Hulababy · 16/06/2007 10:04

Take him to the GP to have the cut looked at and to have the injury documented - in case you do take it futher. Also photograph the cut and the piece of glass.

goldenwings · 16/06/2007 10:01

i would go for suing because that could have been a LOT worse. also companies dont seem to really deal with things unless suing is a threat. even if you dont go through with actually suing them just threatening to should make them sit up and take notice.

im so glad it wasnt worse and that your son is ok

Sixofone · 16/06/2007 09:32

Utterly, totally, disgree with Kathy (sorry ). This is grossly negligent of the company. We're not talking about tripping up on a paving stone here. I do agree that it would be difficult to prove, but at least it would force the company to address their safety issues?

I think you should take some legal advice - a no win no fee place (I do hate them, but they'll do it for free I'd think) should tell you at least what your chances are.

Good luck!

mamapoopants · 16/06/2007 00:13

This is truly dreadful - can't believe it. Thank goodness little one isn't more hurt

Poor you and him - take time out to consider what you will do next before rushing into anything

Flamesparrow · 16/06/2007 00:10

Fuck

ScottishMummy · 16/06/2007 00:09

imo actually, disagree has had horrible experience why not sue, businesses have indemnity insurance. a sign of the times yes- but money or threatened loss of it usually rattles a few cages...Kaishay whatever u decide sorry to read about your story

Kathyis6incheshigh · 16/06/2007 00:01

I think trying to sue them would be deeply naff, actually. You would just look like you are trying it on to get money out of them, and I don't believe you would win anyway. After all, no serious harm was (thank goodness) done to your ds.

You should write a letter of complaint though, because they need to be told to be more careful in future.

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