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AIBU?

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Original poster

Compensation from Hairstyler Burn

70 replies

Suburbanlady · 20/10/2022 11:19

Hi,

Posting here for traffic as I would really like some advise please if anyone has been through anything similar. It's more of what would you do in this situation.

DD's hairstyler was faulty and broke, landing in her lap and causing burns on both her legs. At the time, I emailed the Company and after checking the product they declared it wasn't faulty but down to misuse (this was a load of bollocks).

5 months later, DDs legs are still scarred. After seeing her upset yesterday trying to hide her scars, I emailed the CEO. I got a call back from a Secretary who offered £150 store credit as a good will gesture, which I declined. She then offered £150 cash. I said I would have to think about it. She then asked what I was expecting and I replied I hadn't really given it much thought and would speak to someone about it.

So my question is, what would you do in this situation? DD has scars on both legs, maybe permanently. £150 seems to me to be a bit of an insult.

OP posts:
Era · 20/10/2022 11:22

Broke how

Era · 20/10/2022 11:23

Broke how

AutumnScream · 20/10/2022 11:24

I think yabu contacting the company 5 months later with absolutely no idea what you wanted from that call.

Why havent you looked for advice in those months? You are very unlikely to get a high amount for hair styler burns in all honesty so if your imagining thousands thats unrealistic Especially as its a cosmetic issue rather than its something thats prevented her doing something.

I say this as compo lawyers have criteria they like to meet for how much you get. An example is my dbro as a teen got a couple thousand compo for a car accident that was totally proven to be the drivers fault that left him with broken arms head injury and leg injury that prevented him travelling by bike to college for many months. He got nothing for the facial scars aspect of the claim.

vivainsomnia · 20/10/2022 11:24

How did they brake?

FreezingThyme · 20/10/2022 11:26

DD's hairstyler was faulty and broke, landing in her lap and causing burns on both her legs.

Sorry your your poor DD was injured. They sound nasty burns.

When you say the hairdryer broke can you say what happened? Was it the break that caused it to fall onto DDs lap? If it ended up in her lap because of the fault I'd say £150 is insufficient. Did you take photos of the dryer, Dd's legs? If you did and still have them you could ask citizens advice or some other advice service what's best to do here

housemaus · 20/10/2022 11:47

Did you take photos at the time? Did you seek medical attention at the time (and if so can you request records)? Did it breaking cause it to fall in her lap, or did she drop it? What are you wanting to claim 'for' - distress, cost of treatment, etc? Compensation claims are to compensate for something, so you need to be clear what you're wanting and express that to them.

As a PP said, your mistake is going in with no idea of what you want: you'd be best gathering all your info and speaking to CAB or a lawyer to see if you're entitled to actual compensation. For example, if it broke off and fell onto her and caused the burns and you have evidence of this, then it's possible you're eligible for compensation and can pursue that through the right channels. If you don't have the info/proof required to make a compensation claim and are just generally wanting some kind of 'payoff' (I don't mean that rudely: I totally understand, it's just not a legal route if you get me) then you might be less likely to get anywhere and accepting £150 is your best bet.

melj1213 · 20/10/2022 11:48

YABU to complain to a company and then brand their compensation offer an insult when you have no idea what you actually want.

Most people, when complaining to a company, are looking for some kind of compensation ... The companies are going to have "standard" ballpark offers for anything that is outside of litigation and where the damage caused is cosmetic or non-life changing (ie no permanent adaptations are required) and it will be relative to the context of what happened, the value of the item and the inconvenience caused.

In the case of a faulty hairstyler which has caused burns, yes your DD has scars but they aren't life changing or limited her activities and you're at the peak point of burn scarring (generally burns scars develop the most in the first 5-6 months and then mature/fade in around 12-18 months) but it is unlikely that there will be permanent issues/damage. Your DD may be self conscious about them until they fade but it is a short term inconvenience as opposed to being permanently disfigured, hence why they have offered a £150 sum.

If you think that's insulting then you need to decide what exactly you want from them - how much are you holding out for? - and tell them that so they can decide if they are willing to pay out that amount, but be aware that if they're offering £150 and you're expecting thousands then they're more than likely going to say "This is our offer, take it or leave it, but if you leave it we won't make another offer" especially as it has been checked and it has been determined that it was not a manufacturer fault.

Original poster
Suburbanlady · 20/10/2022 12:05

Era · 20/10/2022 11:22

Broke how

It's an airstyler with several different attachments. DD only uses the large metal brush. This broke off due to the clips inside bring worn out causing it to fall into her lap.

OP posts:
Original poster
Suburbanlady · 20/10/2022 12:12

FreezingThyme · 20/10/2022 11:26

DD's hairstyler was faulty and broke, landing in her lap and causing burns on both her legs.

Sorry your your poor DD was injured. They sound nasty burns.

When you say the hairdryer broke can you say what happened? Was it the break that caused it to fall onto DDs lap? If it ended up in her lap because of the fault I'd say £150 is insufficient. Did you take photos of the dryer, Dd's legs? If you did and still have them you could ask citizens advice or some other advice service what's best to do here

Thank you for your reply.

Yes, I did get lots of photos of the dryer (which was sent back to them) and of DDs legs over a period of a couple of weeks showing the burns, blisters, scabs and scars which were all sent to them at the time. DDs legs were very sore and blistered and I got advice from a Pharmacist as I was unable to get an appointment for her.

The airstyler broke due to the clips that hold the attachment in place being broken. They said this was due to not removing/attaching all the different heads correctly. But this cannot be true as she only ever used the one head and it was kept on all the time, the other attachments were never used.

OP posts:
DuckTails · 20/10/2022 12:12

How long ago had you bought it? How much did it cost? Was it a decent brand? How old is your DD? And as pp said, did you seek medical treatment or take pics at the time? These are all relevant to determining what you might be entitled to.

Original poster
Suburbanlady · 20/10/2022 12:14

DuckTails · 20/10/2022 12:12

How long ago had you bought it? How much did it cost? Was it a decent brand? How old is your DD? And as pp said, did you seek medical treatment or take pics at the time? These are all relevant to determining what you might be entitled to.

It was 18 months old. Yes a very big well known brand. Retails for upto £90 depending where you buy it from. DD is 16.

OP posts:
TrashyPanda · 20/10/2022 12:16

Why didn’t she go to the hospital if the burns were that bad?

Original poster
Suburbanlady · 20/10/2022 12:17

melj1213 · 20/10/2022 11:48

YABU to complain to a company and then brand their compensation offer an insult when you have no idea what you actually want.

Most people, when complaining to a company, are looking for some kind of compensation ... The companies are going to have "standard" ballpark offers for anything that is outside of litigation and where the damage caused is cosmetic or non-life changing (ie no permanent adaptations are required) and it will be relative to the context of what happened, the value of the item and the inconvenience caused.

In the case of a faulty hairstyler which has caused burns, yes your DD has scars but they aren't life changing or limited her activities and you're at the peak point of burn scarring (generally burns scars develop the most in the first 5-6 months and then mature/fade in around 12-18 months) but it is unlikely that there will be permanent issues/damage. Your DD may be self conscious about them until they fade but it is a short term inconvenience as opposed to being permanently disfigured, hence why they have offered a £150 sum.

If you think that's insulting then you need to decide what exactly you want from them - how much are you holding out for? - and tell them that so they can decide if they are willing to pay out that amount, but be aware that if they're offering £150 and you're expecting thousands then they're more than likely going to say "This is our offer, take it or leave it, but if you leave it we won't make another offer" especially as it has been checked and it has been determined that it was not a manufacturer fault.

I'm not holding out for anything. I just think it's unfair that she is scarred and they made up crap about not using it correctly and then offered £150. I'm not expecting 'thousands'. I'm asking on here if anyone had been through anything similar and what you did / would do in my situation.

OP posts:
melj1213 · 20/10/2022 12:17

Suburbanlady · 20/10/2022 12:05

It's an airstyler with several different attachments. DD only uses the large metal brush. This broke off due to the clips inside bring worn out causing it to fall into her lap.

Show quote history

How long had you had the styler though? A week? 6 months? 2 years?

If you've had the styler for a couple of years and it was due to the clips being worn down then that's not a fault, that's wear and tear from use and the company are not liable for that, as they will advise that clips are checked periodically to ensure they're not worn/become damaged and are correctly locked in. If you've had the styler for a couple of days and the clips were worn down then that would be a fault as there would be no expectation that they would wear that fast.

Unless it was a very recent purchase, personally I'd take the compensation offered and use it to buy a new styler with a fixed brush so that there's no risk of the same thing happening again.

MrsWhites · 20/10/2022 12:18

I think you were a little silly to email without any expectation of what you expect, although not necessarily wrong to complain.

Are you talking about suing them for damages or are you just looking for some sort of gesture of goodwill?

They aren’t going to email you accepting responsibility so without an actual legal claim they aren’t going to offer you anything more than a ‘please go away with your little bit of cash’ offer .

Original poster
Suburbanlady · 20/10/2022 12:19

TrashyPanda · 20/10/2022 12:16

Why didn’t she go to the hospital if the burns were that bad?

I didn't think the burns needed hospital treatment. We managed it at home.

OP posts:
Original poster
Suburbanlady · 20/10/2022 12:23

housemaus · 20/10/2022 11:47

Did you take photos at the time? Did you seek medical attention at the time (and if so can you request records)? Did it breaking cause it to fall in her lap, or did she drop it? What are you wanting to claim 'for' - distress, cost of treatment, etc? Compensation claims are to compensate for something, so you need to be clear what you're wanting and express that to them.

As a PP said, your mistake is going in with no idea of what you want: you'd be best gathering all your info and speaking to CAB or a lawyer to see if you're entitled to actual compensation. For example, if it broke off and fell onto her and caused the burns and you have evidence of this, then it's possible you're eligible for compensation and can pursue that through the right channels. If you don't have the info/proof required to make a compensation claim and are just generally wanting some kind of 'payoff' (I don't mean that rudely: I totally understand, it's just not a legal route if you get me) then you might be less likely to get anywhere and accepting £150 is your best bet.

I probably worded it wrongly. I'm not sure I'm entitled to make an actual compensation claim. When I say compensation, I mean a good will gesture to say sorry to my DD, just that I thought £150 seemed too low and what would be more reasonable?

OP posts:
melj1213 · 20/10/2022 12:24

Suburbanlady · 20/10/2022 12:19

I didn't think the burns needed hospital treatment. We managed it at home.

Show quote history

If the burns were managed at home and your DD has suffered no long term issues (beyond self consciousness at the scars which are at the "worst" part of the burn scar cycle at the moment) then they are not going to offer you more than a gesture of goodwill as you have no case for getting anything more as there is nothing to compensate for - time off work, adaptations required etc.

purplecorkheart · 20/10/2022 12:24

How long did your daughter have the styler and what does it say in the manual regarding checking he clips.

The company are not going to admit liability to you so you are only going to be offered a goodwill gesture for a small amount. Offering a big amount could be seen as possibly admitting liability.

Original poster
Suburbanlady · 20/10/2022 12:27

MrsWhites · 20/10/2022 12:18

I think you were a little silly to email without any expectation of what you expect, although not necessarily wrong to complain.

Are you talking about suing them for damages or are you just looking for some sort of gesture of goodwill?

They aren’t going to email you accepting responsibility so without an actual legal claim they aren’t going to offer you anything more than a ‘please go away with your little bit of cash’ offer .

Sorry, I'm not coming across very clear.

This is why I'm asking on here so that I can email them back with an expectation of what I'm wiling to accept. I have no idea what is reasonable.

I'm not looking to sue them.

What would you do?

OP posts:
CrotchetyQuaver · 20/10/2022 12:28

Well it's a shame you didn't go to hospital at the time it happened, it would have made it all a lot easier now as it would be documented for a Personal Injury solicitor to take it up on your behalf. It might be worth talking to one anyway and seeing what they have to say.

Otherwise you need to think about what is a reasonable amount of compensation to ask for, cost of hair styler plus x amount for the scarring. Which I hope will fade to nothing in years to come.

melj1213 · 20/10/2022 12:28

Suburbanlady · 20/10/2022 12:23

I probably worded it wrongly. I'm not sure I'm entitled to make an actual compensation claim. When I say compensation, I mean a good will gesture to say sorry to my DD, just that I thought £150 seemed too low and what would be more reasonable?

Show quote history

In the case of an 18month old multi tool where a worn clip caused it to break and lead to superficial burns that have caused cosmetic scars (which will fade) but have not caused any long term nerve damage etc, £150 is reasonable as it is a goodwill gesture over and above the cost of a new styling product and a little more for the inconvenience and upset.

Sarahcoggles · 20/10/2022 12:29

I agree that the company are liable, from what you've said, but realistically a big company will have no trouble arguing their way out of this. So in legal terms I reckon it's a non starter.

In your position I'd just try and haggle a bit. I'd reply and say that you feel that £500 cash would be more appropriate, and see what they say.

My guess is that the customer services person you're dealing with is told to offer low, and will have an upper limit of what he/she can authorise. So I'd just haggle and see what happens.

Original poster
Suburbanlady · 20/10/2022 12:31

Sarahcoggles · 20/10/2022 12:29

I agree that the company are liable, from what you've said, but realistically a big company will have no trouble arguing their way out of this. So in legal terms I reckon it's a non starter.

In your position I'd just try and haggle a bit. I'd reply and say that you feel that £500 cash would be more appropriate, and see what they say.

My guess is that the customer services person you're dealing with is told to offer low, and will have an upper limit of what he/she can authorise. So I'd just haggle and see what happens.

Thank you.

This is what I was thinking.

OP posts:
AnApparitionQuipped · 20/10/2022 12:33

How old was the hairdryer when the accident happened?