scarred hand

nextqueen | 09:03 Thu 01st Mar 2012 | Law

47 Answers

i recently gashed the back of my hand in B and Q when i was reaching for some wallpaper from their display shelf. the nuts and bolts underneath that hold a metal frame on the shelf to stop the paper rolling are really sharp on the bottom and you cannot see them. my hand was bleeding and gashed and i reported it to customer services who put plasters on it for me and recorded it. i have been offered 100 pounds in vouchers but feel this is nothing as i have now been left with a scar which will always be there.can i take them to a small claims court to pursue this further? i have written to them saying i will be taking legal advice but dont know which way to turn, or should i just suggest a higher pay out and bring the matter to a close? i'm not sure if there is a limit i can claim for in small claims and if this is the correct course of action.

Arrested in error by the police.

cigarettes on display

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bednobs

also, would you WANT surgery on your hand?
I also wonder how damaging to your life having a scar on the back of your hand will be if you don't get rid of it? Are you a hand model? Are you fairly young? if so i can understand why the thought of a scar might be hard, but is it really so bad?

EvianBaby

I like scars, I think they add character.

And oh what a jolly little story to tell the grandkids in the future. (don't mention the trying to rinse B&Q for it, it takes the shine off).

ummmm

It puts genuine claims to shame. I've made a genuine claim but because of people that claim because of their own negligence, people like me are frowned on!

Davethedog

Hopkirk - Thats Ratter all over always sits on the fence :-)

Maydup

Do you know if they changed the way the shelf was fixed?

I'd go onto the shop and see. If they ahve then they have followed up the accident report by offering you a voucher and fixing the problem.

If not write again asking them to attend to the dangerous shelf otherwise you'll report them to the HSE. (You do that through your local authority)

Otherwise there is little more you can expect from them since as you say, the accident hasn't caused loss of earnings or diability. The £100 voucher was a generous payment to cover the injury, the pain and the inconvenience.

Don't go to a legal firm, even the no win no fee companies will be a waste of time on this. Anything they do win will go on fees anyway I'm afraid.

daffy654

I would accept the offer of £100 and see if there was some way I could convince them to alter the way the shelving is made to avoid injury to others.

Nosha123

unless the poster is a professional HAND model - I bet they dont volunteer to have plastic surgery.. on a wound that never had stitches in the first place!
I should stop being greedy and accept the vouchers. You have lost nothing - it cost you nothing - the scar WILL fade fact.... What exactly do you think you are after if £100 isnt enough????

RATTER15

Im beginning to think that Nextqueen is now regretting posting this question :)

sfby

An alternative approach...

Hey - it was an accident, these things happen. You're not financially out of pocket (except maybe for a couple of plasters which were in the drawer anyway), so forget about it and move on. Tell the grandkids it's a war wound.

Baldric

I think the only thing missing from the OP is a Vicky Pollard style delivery, innit?

flip_flop

Davethedog - liability disclaimers for personal injury are not recognised.

tonywiltshire

The shop knowing you would have to reach inside a rack where there are sharp edges which you would be unable to see to obtain the goods have a duty of care, the legal obligation is to take reasonable care to avoid causing damage. There is a duty to take care in most situations in which one can reasonably foresee that one’s actions may cause damage to the person or property of others. There is no liability in tort (civil wrong) for negligence unless the act that causes damage is a breach of care owed to the plaintiff.

There is a limit of £5,000 at present in the small claims court, which may well be increased this year, the small claims court is a misnomer, they do not sit in a court room but in a private room, they are not robed and do not insist on the normal rules of evidence and the atmosphere is informal and relaxed, they are more a service than a court. The judge is a district judge who should be addressed as Sir, not Your Honour.

The small claims court will have expected you to try to settle the matter before going to court which should be the last resort, I suggest, if you decide to proceed, you first speak to a local solicitor.