Bugaboo Cameleon buggy

deethebee

Every experience and account of said experience by anyone is alleged until proven otherwise. There isn't much point in pointing this out any time someone says something that happened in their lives. OP said she had a happy ending so all is good

unholyangel

deethebee wrote: »

That isn't really the type of thing I was suggesting. More like, if the person who owned the buggy was on a train platform at the time the fault occurred and it caused the child to be launched onto the train tracks then the outcome would be severely worse. Similarly, if a person in a wheelchair were to have fallen into that manhole and cracked their skull open because of it then that outcome would have also been a lot worse. I would have thought that a judge would take that into account - if not for the claimant, then at the least as punishment to whoever was responsible for the accident. I think they call it punitive damages. If they don't take these things into account then I suppose that's just how it is, but it surprises me as the company would not then have any reason to improve their products or the way they operate in the future.

Punitive damages are rarely awarded, they're only available in limited circumstances (definitely not in these circumstances) and usually only where there has been criminality of some sort.

Thats because the purpose of the civil courts is not to punish the wrongdoer (thats what criminal courts do). Its restitution of the innocent party (or as near as money can achieve it). Which is also why only actual losses are usually considered.

The stress and suffering is a legitimate claim in some cases - psychological injury for example. If there had been scarring or permanent disfigurement then that would be taken into consideration, but a bump on the head? No.

How many times do you think children bump their head because their parent shouldve done something but didn't (or neglected to do something)? Should every parent pay their child compensation? Have punitive damages awarded against them?

deethebee

I think this is getting a bit silly now, talking about parents paying compensation to their children for bumps on the head. I was talking about a faulty item causing harm and that it could have been worse. I said I thought it would have been taken into account and then mentioned punitive damages. There's not much point in arguing it any further because I was only offering an opinion of a large company who sold a product that may have inflicted serious harm and suffering. Please don't turn it into a silly argument over nothing. I realise small claims courts don't deal with punitive damages. Everyone is entitled to their own opinion without judgement or being put down for it.

unholyangel

deethebee wrote: »

I think this is getting a bit silly now, talking about parents paying compensation to their children for bumps on the head. I was talking about a faulty item causing harm and that it could have been worse. I said I thought it would have been taken into account and then mentioned punitive damages. There's not much point in arguing it any further because I was only offering an opinion of a large company who sold a product that may have inflicted serious harm and suffering. Please don't turn it into a silly argument over nothing. I realise small claims courts don't deal with punitive damages. Everyone is entitled to their own opinion without judgement or being put down for it.

No ones putting you down. I was explaining because you've said you want to learn and you're unlikely to learn much if we just say you're wrong and don't explain why.

The bit about the parents may seem silly to you but my point with that was that parents wouldn't expect to pay compensation for a bump to the head - it happens during childhood and is no big deal as long as lasting injuries don't result. Likewise if a family member or friend were in charge of your child, you wouldn't claim against them if your child fell or bumped their head while in their care. So why the need to claim against anyone else for such a slight?

As you already know thanks to lincroft, you can't claim for what could have happened. Could you imagine what a can of worms that would open? The endless possibilities? I'd have a claim in against every numpty driver who has almost caused me to have an accident (except for evasive action on my part). :rotfl:

deethebee

unholyangel wrote: »

No ones putting you down. I was explaining because you've said you want to learn and you're unlikely to learn much if we just say you're wrong and don't explain why.

The bit about the parents may seem silly to you but my point with that was that parents wouldn't expect to pay compensation for a bump to the head - it happens during childhood and is no big deal as long as lasting injuries don't result. Likewise if a family member or friend were in charge of your child, you wouldn't claim against them if your child fell or bumped their head while in their care. So why the need to claim against anyone else for such a slight?

As you already know thanks to lincroft, you can't claim for what could have happened. Could you imagine what a can of worms that would open? The endless possibilities? I'd have a claim in against every numpty driver who has almost caused me to have an accident (except for evasive action on my part). :rotfl:

I understand that things happen as a part of childhood, but what I was referring to was an accident as a direct result of a faulty product. So that's why I said it was a bit silly. We're debating over children falling over, bumping their heads as part of growing up vs being flung out of a faulty buggy and it isn't the same thing.

Yes I accepted already that what could have happened would not be taken into account and I said so. That's why I said there isn't any point arguing over it, because I've already accepted it and said it was just an opinion and I'm still being argued with over it and it's slight overkill. One person can tell me "this is the way it is" and I say, ok fair enough. I don't need another 1,2, or 3 people to tell me the same thing - it's unnecessary and leads to a feeling of being ganged up on and picked on. As for saying no one's putting me down - yes they are and have been, the comments have just been removed so you didn't get to see them.