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Dodgy toy = hospital visits for child- who do i deal with?

Hi,
My 4 year old got a new toy on Sunday, a toy motorbike made by a popular cars company ( not sure if I'm allowed to name them!)
He was playing with it when the handle of it spiked into his hand, so we dressed it as you normally do, and he went to bed.

This morning he woke with a swollen hand, great pain, an weeping wound- so I took him to the local hospital. They have dressed it, given 2 lots of antibiotics, and put his arm ina sling to drain the infection. We have a follow up appt on Weds, but have been back again already as the hand is swelling more and needed re-dressing!

I rang sainsburys, and they said to return it and they'd give us a car instead- and the manager came to the phone and told me he would remove all the motorbikes from the shelf.

I then phoned Mattell, and they asked for the toy back. i asked how I would get it replaced, and they said they'd send some cars out, and post my son a £10 voucher to use against their toys in Argos.

The thing is, I don't know who to return it to now. and to be honest, without sounding 'grabby', I have had to pay out for 2 lots of hospital parking, petrol, take time off work, and pay for painkillers for him, so is it fair to ask for the costs of the medicines etc from them?
My son is v unhappy- he can't do much without help because of the wadding & sling, keeps crying and I'm knackered!

Any advice please?
Do I take it to the supermarket where I bought it, or return it to the manufacturer?
Thank you!
:o:o:o
«1345

Comments

  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    it should be british kite mark ( BSI) http://www.bsigroup.com/en/About-BSI/News-Room/BSI-News-Content/Disciplines/Quality-and-Business-Improvement/BSI-Group-Updates-Toy-Safety-Standards-/


    http://www.bsigroup.com/upload/Standards%20&%20Publications/Manufacturing/Toy_Safety_Regulations1995.htm

    I suggest you call BSI and let them know and to seek some advice.

    Have you had consequential losses? ( bus fares, unpaid time off work etc) Until this matter is resolved and your losses fully quantified, I would not be asking for compensation, just yet. But I would let the BSI know, as this toy may not meet the standard and they may wish to organise a recall/ inspection.

    Dont send the toy till youve spoken to BSI, is my advice.
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    lynzpower wrote: »
    it should be british kite mark ( BSI) http://www.bsigroup.com/en/About-BSI/News-Room/BSI-News-Content/Disciplines/Quality-and-Business-Improvement/BSI-Group-Updates-Toy-Safety-Standards-/


    http://www.bsigroup.com/upload/Standards%20&%20Publications/Manufacturing/Toy_Safety_Regulations1995.htm

    I suggest you call BSI and let them know and to seek some advice.

    Have you had consequential losses? ( bus fares, unpaid time off work etc) Until this matter is resolved and your losses fully quantified, I would not be asking for compensation, just yet. But I would let the BSI know, as this toy may not meet the standard and they may wish to organise a recall/ inspection.

    Dont send the toy till youve spoken to BSI, is my advice.

    Overreacting as usual - you don't really do perspective do you? :p

    OP, I'm sure that Sainsburys will cover your costs if you ask politely, they have acknowledged that there is a problem and seem to want to reach a satisfactory remedy. I would stick to dealing with them, they can liaise with Mattel and ensure the matter gets investigated.
    Gone ... or have I?
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    Trading Standards rather than BSI.

    Sainsburys are very unlikely to offer anything other than a refund, even though you are technically entitled to more (it's unenforceable in reality), or possibly a smallish goodwill voucher.

    The manufacturer's interest in the defect is undoubtedly genuine, although again, a (probably more generous), goodwill voucher is all you are likely to receive.

    Unless your son becomes more seriously ill, it would probably be better to leave it there.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    http://www.tradingstandards.gov.uk/advice/advice-recall-list.cfm

    Heres a list of recalls, I wonder if the product is already part of this? You usually see posters at the doors/windows and/ or press advertisements.

    Yes, I'm sorry, it would be TS you would contact in the first instance and they later can liaise with BSI in respect of the product. I was thinking about this in terms of a health issue for the general population as this is what Im working on ( something similar) at the moment. (as opposed to a single consumer seeking redress. )

    I really hope your son recovers soon :)
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • gordikin
    gordikin Posts: 4,422 Forumite
    Sue the parent for giving the child an unsafe toy!
  • Keep a full list of all your costs - including things like time off work, parking etc, and keep as many receipts as you can. When your son is well (ie you will have no further costs) write to Sainburys stating what happened and what you want from them (eg to cover all your costs, full refund in cash not vouchers, goodwill payment).

    If they won't agree simply go and see a no win no fee solicitor. You should not end up out of pocket over this.
  • dfh
    dfh Posts: 1,073 Forumite
    OP=Hope your son gets better soon.
  • kev.s
    kev.s Posts: 513 Forumite
    Minxz wrote: »
    Hi,
    made by a popular cars company ( not sure if I'm allowed to name them!)



    Minxz wrote: »
    I then phoned Mattell,
    :rotfl::rotfl::T
  • forgotmyname
    forgotmyname Posts: 32,955 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sue the parent for neglect as well, Why did you not bathe and dress the wound yourself? Took them to hospital?
    One of the worst places to go, Its full of sick people.

    I have cuts from working on cars and various hobbies, Never had an infection. I always clean the wound carefully.
    Had to stand for over an hour with my hand in a sink of cold water when i sliced my thumb on the propeller of a radio controlled
    plane. Washed it well after and wrapped in clean tissue soaked in antiseptic and sellotaped it up.
    Censorship Reigns Supreme in Troll City...

  • Sue the parent for neglect as well, Why did you not bathe and dress the wound yourself? Took them to hospital?
    One of the worst places to go, Its full of sick people.

    I have cuts from working on cars and various hobbies, Never had an infection. I always clean the wound carefully.
    Had to stand for over an hour with my hand in a sink of cold water when i sliced my thumb on the propeller of a radio controlled
    plane. Washed it well after and wrapped in clean tissue soaked in antiseptic and sellotaped it up.

    Wow, massive overeaction don't you think? They clearly said they dressed the wound and of course you would go to hospital if a childs hand ended up like that. Plus the company is at fault for making the toy able to cause such injury, not the parent.
    I try to help as much as I can. But I'm also honest and speak my mind.

    Smoke free since Jan 2014 :D If you want any advice on quitting please send me a PM. :)
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