Compensation from Hairstyler Burn

[Suburbanlady]

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.

When complaining, it's a very good idea to have in mind what outcome you would be happy with. They can't undo what has happened, but I would go for more - a LOT more. £500+ as they know this is a lawsuit waiting to happen.

I have worked in complaint last for over 20yrs and would go for £1k, minimum. Start at £2k.

And I totally disagree with what others are telling you...go high. She's been caused distress and you have evidence.

It's a faulty product and they are 100% liable for any upset caused.

In addition, she's asking you what you want because they really, really want you to go away and don't want the negative PR.

We never ask what someone wants unless someone has their cheque book open...honestly.

OP would almost certainly lose the lawsuit considering they already investigated, established they weren't at fault and had almost certainly exceeded any warranty period.

If I were the company I would find it odd there's no actual medical evidence.
From your posts I see you didn't think it was that bad but your daughter had severe blisters and now scars. I really feel if you had taken her to minor injuries perhaps the treatment would have been more appropriate? Less likely to scar? Apologies if you are a nurse etc and are sure the correct treatment over time was given. But if I was the company I'd expect medical evidence report at least.

And when the company asks for the medical evidence - the initial treatment record, the medical advice given etc - and the OP says they didn't go to hospital, there is no medical evidence, it wasn't treated by a doctor and they can't provide any proof then it will be thrown out.

Not to mention that the OPs DD is at the peak point of the scarring process when it comes to burns so it's the worst it will look (generally they can and do develop over the first few months, peak at about 5/6months at the worst and then fade away over the next 12/18 months) so any damage caused is very unlikely to be permanent.

Yes she has been upset but there's no permanent damage, the offer made already would cover the "distress" already suffered.

As others have said you need proper legal advice on this. You may be entitled to compensation, who knows. It may be more difficult given the passage of time and lack of independent evidence such as medical reports at the time, but not impossible. Don't reply any further to the company until you get advice. Search for a personal injury law firm. Some of them offer services for a minimal or no fee (it's insurance backed). I believe these firms would have an initial discussion with you to assess the merits of the claim and only take the case on if they thought it worthwhile.

The op has zero evidence. The product was 18 months old at the time so could have easily have been broken by the dd. The product is now 2 years old. The incident took place 5 months ago. There is no medical evidence to back up the time it happened or what caused it or severity but it seems odd that the burn wasnt bad enough to get treated medically at the time but now 5 months later the burn was bad enough to leave such bad scars the dd is upset by them every day.

The op should seek legal advice but be realistic that this is highly likely to amount to nothing.

For any others wondering about burns anything larger than a 50p piece should get medical treatment, from A&E if a doctors appointment can’t be made the same day.

OP, I would get a quote for scar reduction treatment and ask the company to pay for that.

Please check your house insurance for legal expenses insurance and seek legal advice.

I understand that any personal injury compensation awarded to a minor has to receive court approval as being appropriate. £150 for burns still visible after 5 months is woefully inadequate.

Just to answer a few questions.

There are 2 burns, one on each leg, both the size of 10p.

This happened in the morning while DD was getting ready for school before her 1st GCSE exam, that's why we didn't immediately go to hospital or GP.

The hairstyler had 2 years warranty and was used for 5 mins every other day.

The company phoned back and said the max they could offer would be £300, otherwise it would have to be an insurance matter.

I'm guessing, it might be best to just accept the £300?

God take the £300 no question

Yes I would say so, I think you’ve been very lucky to get that. I’m sure your DD will enjoy the money.

I'd take the £300

Take the goodwill £300

Compensation is exactly that. It's not a figure from the air that is felt "deserved", it is compensation for loss, earnings or potential earnings. The other key issue is fault, and you have no proof. It wouldn't stand up, don't waste your time and money on legal advice.

I would encourage you to report a safety issue with the product through Citizens' Advice. They have a web form and a phoneline I think. It won't help with compensation, but it will help others who might already have/buy the product if it needs to be recalled.

Personally I would get legal advice first as I suggested above. If they are offering you £300 (having already increased the amount) that is because they are worried. They want you to accept it and go away. I'm not saying you'd get more but at least get legal advice and find out first. Presumably the burn is not going to fade any time soon. I don't think that £300 is sufficient if the burn is the company's fault.

I honestly thought you were talking about something much bigger like burns the size of a paddle hairbrush but 2 x the size of a 10p coin? Yes take the £300.

Look for creams and maybe other treatments that can help speed up healing - although they are usually more effective when used as soon as the burn is healed. Then maybe also look at body foundation/concealer if your daughter is really self conscious of the marks.