Argos Advice Causing Injury

unholyangel

UberSkills wrote: »

Do you have to suffer loss to take legal action ?

I "could have" lost my someone close to me, i think this is a pretty serious matter hence why i am asking advice. She had panic attacks for a few days after that with chest pains but she is scared of hospitals so she did not want to attend.

I lost fuel taking this back to my store and also phone calls chasing up argos when they could have reported this is the first place.

Civil law requires loss because its purpose is not to punish the party in breach - its purpose is restitution of the innocent party, to restore them to the position (or as near as money can achieve it) to the position they would have been in had the breach not happened. They won't award damages where the breach (assuming there was a a breach) is purely a technical one and no loss was suffered because that goes further than restoring the innocent party and moves into the territory of penalising the wrongdoer - which is the purpose of criminal law but not civil law.

As other posters have said, what could have happened is irrelevant because it didn't happen and the possibilities on what could have happened are endless.

Plus, it would require more than just your gf's say so that she was shocked. Doctors reports, hospital visits, evidence of lost wages from having to take time off work due to injury etc.

kingfisherblue

UberSkills wrote: »

You Sir have just made up my mind how childish people really are around here. Does your mom and dad know your on the internet and on forums adult's (should be on) ?

Seems its ok for Argos to make mistakes but the people buying the products should be not allowed to make mistakes ? Lets not forget who should be selling safe products here ...

I will look elsewhere next time i need advice, should have known better than to ask "the internet" lol.

They made a mistake (although we only have your word that they sold the lights with a broken bulb), they corrected it by refunding the full cost.

ripplyuk

Keep_pedalling wrote: »

You are supposed to put the lights on the tree before plugging them in and turning them on.

But that's no good. You need them turned on to check they're spread out properly on the tree. It's hard to judge that if they're not lit up.

Fosterdog

ripplyuk wrote: »

But that's no good. You need them turned on to check they're spread out properly on the tree. It's hard to judge that if they're not lit up.

No, you plug them in and turn them on to make sure they are working. Then you unplug them and put them on the tree. Once on the tree you turn them on, check if any adjustments are needed and if they are you turn them off again (and unplug them) before adjusting them and turning them back on.

Although it’s really not difficult to get them right first time without needing them turned on, I don’t think I’ve ever needed to adjust mine.

marliepanda

The fact you were terrified you were going to lose her yet didn't even go to hospital makes your case looks ridiculous. I don't care how terrified of hospitals you are, if you are in genuine fear of electrocution triggered heart attack, you go.

You don't stay home and think how you can squeeze some money out of Argos for 'almost dying'....

Pollycat

[QUOTE=UberSkills;73776579]Considering my girlfriend could have lost her life i see you as a heartless person and i am surprised with peoples attitudes on these boards they are still being used.

I come for advice only to be ridiculed. Compassion has surely degraded over the years between fellow man. i can only feel sorry for our next generation of children and the world they face.[/QUOTE]

But your girlfriend didn't lose her life..
Did she?
You need to concentrate on what happened, not on what might have happened.

[Deleted User]

UberSkills wrote: »

I lost fuel taking this back to my store

..and your girlfriend could have died remember? :eek:

UberSkills wrote: »

I shop at argos many times per month and we are constantly returning items that have obvious signs of usage.

If you are constantly returning items, why are you still a customer?

Caz3121

Moneyineptitude wrote: »

If you are constantly returning items, why are you still a customer?

I also wondered that....at least open the box before you leave the store to check the contents if this is a common issue

[Deleted User]

Check items before you leave the store for signs of useage. Honestly, it isn't hard.

However I must admit I don't shop at Argos much nowadays. Online shopping is so much easier and almost always cheaper. Unless I need something that day.

Elle_Woods

NCC-1707 wrote: »

...your has GF has no contract with Argos if you bought them BTW.

Though I don't think there's anything in OP's complaint because his girlfriend wasn't actually injured (apologies OP but I think you should drop this one), it would not matter whether or not his girlfriend had a contract with Argos if she had been injured. A claim for personal injury would be under Tort, not Contract, and would be based on the assumption that Argos had a duty of care to users of the lights (even if they were not the person who bought them in the first place). This sort of scenario (the person who suffers the injury/loss not being the person who bought the product) is the reason Tort exists! See: Donoghue v Stevenson.