Advice please!! Injured from burst hot water bottle..

melworldwide

Hi all, I have had an awful day after a hot water bottle burst on my lap, resulting in severe scalding and a visit from some very helpful ambulance men.
I am a student and unemployed so can't claim for lost wages/salary, but I still can't really move around from the pain. I have notified the shop selling the hot water bottle who informed me that other people also called them reporting the same issue, and there is now a recall on the hot water bottles. The manufacturer is from denmark.
I would really appreciate some legal advice or opinion on what to do next, as I will be seeking compensation. Does anyone else have any injury compensation experience and can advise on how much I can expect to receive, or how is the best way to go about this? I'm wary of these "no win no fee" companies?

Thanks for reading!

Errata

Talk to your local Trading Standards people first.

Fridge3

melworldwide wrote: »

Hi all, I have had an awful day after a hot water bottle burst on my lap, resulting in severe scalding and a visit from some very helpful ambulance men.
I am a student and unemployed so can't claim for lost wages/salary, but I still can't really move around from the pain. I have notified the shop selling the hot water bottle who informed me that other people also called them reporting the same issue, and there is now a recall on the hot water bottles. The manufacturer is from denmark.
I would really appreciate some legal advice or opinion on what to do next, as I will be seeking compensation. Does anyone else have any injury compensation experience and can advise on how much I can expect to receive, or how is the best way to go about this? I'm wary of these "no win no fee" companies?

Thanks for reading!

You'll need specifics about how the bottle burst and in what circumstances for a start to demostrate you weren't misusing it in any way. Did it come with any disclaimers like contents may be hot? The recall may help with this. No win no fee is probably the best thing to do - ask if they do conditional fee agreements. Lots will depend on extent of injuries and subsequent pain, suffering and deprivation - if there's lots the solicitors will probably be keen because they make more in legal fees which they charge back to the party at fault. Take lots of photos of the injuries now while they are at their worst. And of the exploded bottle.

pinkshoes

This is a difficult one, as you're not supposed to put scolding hot water into it in the first place, so if it does leak, you won't get burnt!

I have a nice scar from almost the same thing happening!

fluffnutter

pinkshoes wrote: »

This is a difficult one, as you're not supposed to put scolding hot water into it in the first place, so if it does leak, you won't get burnt!

My hot water bottle simply states 'Do not use boiling water'. Water at a much lower temperature than boiling will still scald you. I don't think it's unreasonable to fill a bottle with water that, should it leak, would hurt you. If it were low enough not to scald, it probably wouldn't feel very hot.

I'm terrible with mine; I fill it straight from the kettle. :eek: Mind you, it clearly tells me not to... so if it leaked, I wouldn't expect any compo.

However, the company of yours has recalled them so they obviously believe them to be faulty. When you're after a replacement or refund for faulty goods your contract is with the seller. However, in this case you're after compensation so I'm not sure whether that's the seller or the manufacturer's responsibility.

Perhaps others can advise?

voiceofreason

melworldwide wrote: »

Hi all, I have had an awful day after a hot water bottle burst on my lap, resulting in severe scalding and a visit from some very helpful ambulance men.
I am a student and unemployed so can't claim for lost wages/salary, but I still can't really move around from the pain. I have notified the shop selling the hot water bottle who informed me that other people also called them reporting the same issue, and there is now a recall on the hot water bottles. The manufacturer is from denmark.
I would really appreciate some legal advice or opinion on what to do next, as I will be seeking compensation. Does anyone else have any injury compensation experience and can advise on how much I can expect to receive, or how is the best way to go about this? I'm wary of these "no win no fee" companies?

Thanks for reading!

What do you wish to be compensated for?

GreenTed

Not legal advice I'm afraid, but I saw this kettle after reading the thread earlier & thought of you as it does below-boiling water (though I do always put some cold water in first) (agh - it won't let me do a link to it - morphy-richards ecolectric kettle!). I couldn't cope without my hot water bottle (GreenTed being a bit threadbare these days, and not warm). For the last year or so I've switched to the non-rubber ones eg. from Boots which I could be wrong but just feel a bit safer with as I don't think it's as perishable as the rubber ones.

That's if you ever feel up to going near a hot water bottle again.

Hope you're feeling better very soon.

OlliesDad

The first place you will start will be writing to the shop advising what happened and what you would like (don't make the focus of this being financial compensation, advise you would like to find out what happened and what they are doing to prevent it happening again, but mention you would like compo).

Alot of shops wil panic at this and offer something to you, if not, then speak to CAB. You will need medical records, photographs of the skin, and any contact between you and the retailer (keep all contact in writing now sent by recorded delivery).

Equaliser123

OlliesDad wrote: »

The first place you will start will be writing to the shop advising what happened and what you would like (don't make the focus of this being financial compensation, advise you would like to find out what happened and what they are doing to prevent it happening again, but mention you would like compo).

Alot of shops wil panic at this and offer something to you, if not, then speak to CAB. You will need medical records, photographs of the skin, and any contact between you and the retailer (keep all contact in writing now sent by recorded delivery).

Poor advice. If the OP is thinking of making a personal injury claim then a letter of claim will need to be sent in full compliance with the Pre-Action Protocol relating to PI claims as set out in the Civil Procedure Rules.

OlliesDad

Equaliser123 wrote: »

Poor advice. If the OP is thinking of making a personal injury claim then a letter of claim will need to be sent in full compliance with the Pre-Action Protocol relating to PI claims as set out in the Civil Procedure Rules.

How is it poor advice to speak to the retailer first? The OP wants compensation for his injury, which the retailer may be happy to pay.

Ivory_Tinkler

It would be up to insurers in this case surely? The retailer would pass the matter over to their insurers and let them deal with the OP. In the case of an injury, any retailer with an ounce of sense wouldn't try to settle this themselves in the event that the injured party decided to sue at a later date?