Injured by Item Purchased from Amazon - 3rd Party Seller

tempus_fugit

annabanana82 said:

Gavin83 said:

DullGreyGuy said:

Aylesbury_Duck said:

eve1978 said:

Aylesbury_Duck said:

How much are you after?

I'm not sure what's realistic and proper in the circumstances?  

You'll need to come up with some sort of figure.  You've rejected the initial offer, so you must have a figure in mind.

Technically if its unhealed at this point then its too early to be setting a value to it. There will be a notable difference in value if it leaves a hairline scar -v- if it heals completely... havent looked in recent years but sex (or maybe gender these days) also used to impact the value of scar claims when on the face or other highly visible areas.

In what way did gender used to affect the payout for scar claims? I’d be surprised if that’s legal these days.

When my daughter was small and cut her head open, she was sent to hospital by the Dr for tidy stitches as she was a girl, this was only 14 years ago.  Whilst it may not be legal to differentiate between the sexes I imagine the impact of scarring would vary between the sexes. Albeit a stereotype males wear scars like a badge of honour females don't, though I'd quite imagine the vanity aspect to play a part in any courthouse now.

I think you should add "some" in there. I certainly wouldn't, that's for sure.

strawb_shortcake

tempus_fugit said:

annabanana82 said:

Gavin83 said:

DullGreyGuy said:

Aylesbury_Duck said:

eve1978 said:

Aylesbury_Duck said:

How much are you after?

I'm not sure what's realistic and proper in the circumstances?  

You'll need to come up with some sort of figure.  You've rejected the initial offer, so you must have a figure in mind.

Technically if its unhealed at this point then its too early to be setting a value to it. There will be a notable difference in value if it leaves a hairline scar -v- if it heals completely... havent looked in recent years but sex (or maybe gender these days) also used to impact the value of scar claims when on the face or other highly visible areas.

In what way did gender used to affect the payout for scar claims? I’d be surprised if that’s legal these days.

When my daughter was small and cut her head open, she was sent to hospital by the Dr for tidy stitches as she was a girl, this was only 14 years ago.  Whilst it may not be legal to differentiate between the sexes I imagine the impact of scarring would vary between the sexes. Albeit a stereotype males wear scars like a badge of honour females don't, though I'd quite imagine the vanity aspect to play a part in any courthouse now.

I think you should add "some" in there. I certainly wouldn't, that's for sure.

Surely a stereotype is a sweeping generalisation and therefore most people understand that it doesn't apply to all.

baser999

It’s a paper-cut 😡

ThumbRemote

MattMattMattUK said:

user1977 said:

MattMattMattUK said:

I agree that the product should not be supplied in a defective state, I agree a refund is entirely reasonable and fair 

But there is also liability beyond that, if the product is dangerous. Depends on the facts of the case, of course.

It does, but I struggle to see a magistrate, judge or jury siding with the plaintiff if a case were brought.

On what basis? Do you have case law that you're basing this claim on, or is it just made up?

This is a simple personal injury case. The injury is, apparently, relatively small, but an injury it still is. 

DullGreyGuy

MattMattMattUK said:

user1977 said:

MattMattMattUK said:

I agree that the product should not be supplied in a defective state, I agree a refund is entirely reasonable and fair 

But there is also liability beyond that, if the product is dangerous. Depends on the facts of the case, of course.

It does, but I struggle to see a magistrate, judge or jury siding with the plaintiff if a case were brought.

Dont think anythings been said to suggest the OP is in Northern Ireland? In England and Wales its been a claimant since 1998 and Scotland a persuer.

Magistrates and juries similarly dont sit on civil law cases and particularly not small track ones. 

The reality is the vendor is in China so no response would be logged and so a judgement in default would be received. Were the vendor in the UK the reality is, assuming no scaring, that they'd pay them "go away money" as it will be cheaper than defending a claim. In either case it doesnt get to go in front of a judge for them to opine on it. 

SiliconChip

DullGreyGuy said:

MattMattMattUK said:

user1977 said:

MattMattMattUK said:

I agree that the product should not be supplied in a defective state, I agree a refund is entirely reasonable and fair 

But there is also liability beyond that, if the product is dangerous. Depends on the facts of the case, of course.

It does, but I struggle to see a magistrate, judge or jury siding with the plaintiff if a case were brought.

Were the vendor in the UK the reality is, assuming no scaring, that they'd pay them "go away money" as it will be cheaper than defending a claim. 

Well, we don't know if that's true or not as the OP has not yet made any attempt to put a value on whatever claim she feels she can make. However, I don't believe that Amazon have any liability and there is zero chance of successfully pursuing a claim against the seller in China, so the best course of action would be to concentrate on getting the injury healed in the way that produces the best result and move on with life.

DullGreyGuy

SiliconChip said:

DullGreyGuy said:

MattMattMattUK said:

user1977 said:

MattMattMattUK said:

I agree that the product should not be supplied in a defective state, I agree a refund is entirely reasonable and fair 

But there is also liability beyond that, if the product is dangerous. Depends on the facts of the case, of course.

It does, but I struggle to see a magistrate, judge or jury siding with the plaintiff if a case were brought.

Were the vendor in the UK the reality is, assuming no scaring, that they'd pay them "go away money" as it will be cheaper than defending a claim. 

Well, we don't know if that's true or not as the OP has not yet made any attempt to put a value on whatever claim she feels she can make. However, I don't believe that Amazon have any liability and there is zero chance of successfully pursuing a claim against the seller in China, so the best course of action would be to concentrate on getting the injury healed in the way that produces the best result and move on with life.

Clearly each vendor is an individual but most will pass it to their PL insurers and they take more commercial decisions... why would you pay £750 in legal fees to attempt to avoid having to pay £500 in compensation? You cannot reclaim the legal fees in small track so they are gone win or lose. 

molley

Very strange it hasn't yet healed.Are you taking any blood thinners or aspirin.or have u been picking at it

I've never had any cut that didny heal in a short period.can we see the cut?

the_lunatic_is_in_my_head

In the US Amazon have started to handle claims for up to 1000 USD after they were sued

https://www.bbc.co.uk/news/business-58163915

I would assume with this kind of issue in most cases the seller has funds and Amazon can ring fence the amount so it doesn't cost them anything other than the admin. 

@eve1978 I'd either send the form back or write to the Amazon head office address, they might remove the product from the site and might offer you more in terms of goodwill  

Gavin83

DullGreyGuy said:

Gavin83 said:

DullGreyGuy said:

Aylesbury_Duck said:

eve1978 said:

Aylesbury_Duck said:

How much are you after?

I'm not sure what's realistic and proper in the circumstances?  

You'll need to come up with some sort of figure.  You've rejected the initial offer, so you must have a figure in mind.

Technically if its unhealed at this point then its too early to be setting a value to it. There will be a notable difference in value if it leaves a hairline scar -v- if it heals completely... havent looked in recent years but sex (or maybe gender these days) also used to impact the value of scar claims when on the face or other highly visible areas.

In what way did gender used to affect the payout for scar claims? I’d be surprised if that’s legal these days.

As AnnaBanana says, society seems to want females to be perfect... just see all the concealers and scar reducing products (eg Bio-Oil) marketed to them to try an undo nature and time. Males on the other hand wear their minor knocks and scars with honour.

Both will receive the same monies for the pain suffered however what the life long impact is going to be more on most women and hence the higher settlement for visible scars. 

Why would it be illegal? Differentiation isnt illegal as long as there are provable grounds that there are differences rather than prejudice

Well there aren’t provable grounds. It seems to be based on nothing more than assumption that facial scaring is worse on a female than it is on a male. I certainly wouldn’t want facial scaring. Ignoring any other aspect I expect it would affect my job prospects as there’ll often be the assumption that scars = thug. Of course it might make you look a bit hard down the pub but this does come with the risk your likelihood of being randomly attacked would increase. 

If anything I’d say it’s worse for men. Women are far more likely to wear make up and therefore will find it easier to cover up.