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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Would you sue in these circumstances?

54 replies

Pagwatch · 22/01/2014 09:41

I bought a poncey set of steps for my kitchen from a department store.
Yesterday I was on the top tread, a few feet off the ground, when they collapsed. I was thrown onto a stone floor and smacked my wrist against the edge of an open door.
Not broken but bruised and sore.
I phoned the dept store who swiftly offered me a refund - they don't stock the steps anymore and I am not sure I would want another set.
The woman then offered me an apology and £25.

I was talking to some people this morning and two of them were very insistent that I should sue. Not just for the money but in a civic duty kind of way.

I'm not going to but I am wondering if I am weird. Would most people sue?

OP posts:
Homebirthquestion · 22/01/2014 09:43

No

Megrim · 22/01/2014 09:43

I wouldn't sue, but I would pass on the info about the steps to trading standards in case there is a defective batch.

EasterHoliday · 22/01/2014 09:44

why did they collapse? are you sure you'd set them up correctly & locked them in place or were they faulty? I think youneed to require the retailer to go beyond a refund and to notify the manufacturer and get their response (take pics) if you are positive you were using them correctly. but sue? ffs, absolutely not. Ludicrous response.

Onesleeptillwembley · 22/01/2014 09:44

Sue for what? Your friends sound like knobs, or they're raking the piss.

eurochick · 22/01/2014 09:44

What is your loss? Bruising would be worth a negligible amount.

You have not suffered any life-affecting injuries (thankfully). You are not losing income from time off work. You did not break any priceless antiques.

The people telling you to sue are idiots.

CunningAtBothEnds · 22/01/2014 09:44

id have them inspected, and if they were found to have been faulty yes I would.

Onesleeptillwembley · 22/01/2014 09:45

Taking, not raking, that would be hard work.

TallGiraffe · 22/01/2014 09:45

No.

Hoppinggreen · 22/01/2014 09:45

Have you lost out financially from this other than to have to buy a new set of steps? Have you incurred extra costs as a result? Have you had to have time off work for example?
If not then no you shouldn't. Compensation is to put you back in the position you would have been before the incident.

conclusionjumper · 22/01/2014 09:45

You should only sue if you have sustained an injury that will incur costs, surely?

vj32 · 22/01/2014 09:45

Not unless you were seriously hurt and weren't able to work.

Anna12cats · 22/01/2014 09:45

Hi
You weren't actually injured for any period of time, ie it did not alter your life in any significant way, therefore you cannot sue. It has to have altered your life in order for you to use, for example loss of a leg!
Yes it hurt, you were shocked, accept a refund or replacement and leave it at that x

nennypops · 22/01/2014 09:45

I wouldn't sue, simply because it is an awful lot of hassle and grief for what would be relatively low damages. You'd have to go and get your own medical report, the store would probably require you to see their medic, you would probably have to deal with accusations that you had made it up because there were no witnesses, or that it was all or partly your own fault, or that you were exaggerating your injury. You might have all the stress of going to court, being cross examined etc.

That's not to say that no-one should ever sue for injury, I think you just have to weigh up the hassle factor against the potential benefit.

Also, thinking about it, since the reforms to personal injury claims last year, I'm not too sure you'd actually persuade a lawyer to take the case on, particularly as they can no longer do no win no fee deals.

ProfPlumSpeaking · 22/01/2014 09:46

Agree with posters above. Don't sue but do make sure trading standards, retailer and manufacturers are all aware if you are concerned about your civic duty. I hope your wrist is feeling better

NB my answer would have been different had you broken your wrist and thereby missed out on earnings or incurred additional costs btw

YoureBeingASillyBilly · 22/01/2014 09:46

What megrim said.

Im not sure what you would be sueing for? What, apart from having to replace your steps, has this cost you?

nennypops · 22/01/2014 09:47

You should only sue if you have sustained an injury that will incur costs, surely?

Just for information, you don't have to prove that you've incurred costs to sue. You can sue simply for damages for pain and suffering. But, as I've said above, I wouldn't.

CunningAtBothEnds · 22/01/2014 09:49

I wasnt aware of trading standards. in light of this then I would report to them to ensure if a part of a faulty batch they are recalled, other than this id accept what was offered by the store

jacks365 · 22/01/2014 09:49

I wouldn't sue in the first instance but I would contact the manufacturer and depending how seriously they took it would make a decision. If I felt they just brushed it off and were not bothered then I probably would if they were going to rectify the fault that caused it then no.

arselikekylie · 22/01/2014 09:50

No, No, No and No. You were just bruised, sore and a bit shocked.

oldboiler · 22/01/2014 09:50

Sue? Are you American?

jenniferalisonphillipasue · 22/01/2014 09:50

I wouldn't sue. Certainly complain to the necessary bodies as they are obviously faulty and you wouldn't want harm to come to others. What do you need compensation for?

ItsOkayItsJustMyBreath · 22/01/2014 09:50

Hi Paggy, I hope your wrist heals soon, sounds a bit scary tbh.

Re suing, I would ask a) Have I been injured in a way that it has prevented me from working or living my life in an acceptable way? and b) Is there any chance that this could happen to someone else?

It doesn't sound like you are injured enough for it to be a serious impediment to you day to day life and the fact that the dept store doesn't sell them anymore means that others are unlikely to become harmed.

You could contact the manufacturers directly and make an official complaint. If they are still supplying other stores then maybe you would have grounds to pursue this further (if it is a design fault for example).

I don't like the compensation culture and would rather see the company withdraw their product than give me a fat cheque.

Original poster
Pagwatch · 22/01/2014 09:51

That's encouraging Smile

I hate the compensation obsession.
They were delivered 'whole' so no issue of my setting them up wrong.

I told the department store that from the wreckage it looked like one of the main two screws that held the wide top step/seat in place was missing.

£25 will get me some wine. I can drink left handed Grin

I am just pleased it was me and not DD or my mother that were using them when they collapsed

Ta all

OP posts:
gamerchick · 22/01/2014 09:52

no... people who sue for small things need a good slap.

Original poster
Pagwatch · 22/01/2014 09:53

Thank you ItsOkay Grin

The dept store did say they would refer this to the manufacturer so hopefully it's either a one off or the manufacturer cn figure out what happened.

OP posts:
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