homebase chairs breaking and causing injury ?

[jonnythehorse]

Recently bought garden furniture set from Homebase including 4 chairs and a table. Only had a month and while I was sitting in chair with my one year old daughter the back of the chair snapped and fell off causing us to fall back. I have hurt my back and daughter grazed and bruised arm. Went to the doctor and told to take 4 days off and am still on painkilliers two weeks later and back still hurts. Told Homebase and they have informed customer services and we have to send them a letter. At first they offered us a replacement garden furniture set either the same or next one up straight away but thought I should wait til seen doctor and also for customer services to make decision. Not sure what to put in letter regarding compensation. We do not want replacement set as it is dangerous, infact it has happened again to another chair. Obviously do want another garden set eventually and we need the money lost for 4 days not working and the emotional side to it too. I was in shock and so was my daughter, she cried histerically. It could have been fatal if we hit our heads on the patio. So please can somebody give advice on how to say what we actually want which is enough money to get a much better garden set and loss of earnings and also for the stress and emotional side of it?

[Conniff]

Sorry about your accident, hope your feeling better now.

 

You always get more if you ask for goods instead of cash. I don't know how much you paid for your garden set and how much the best one they have is, if their top of the range one is really good and the sort of thing you would love, then go for that and include a parasol.

 

Just an idea, but I would wait to see what customer services says before you decide which way to go.

 

In your letter I would not say what you want, let them make the first offer and you can take it from there.

[jonnythehorse]

this is the letter that my wife has drafted and any help would be great in if its worded ok or do we nedd to ad anthing at this stage ?

Dear sir/madam

I am writing a letter of complaint to you advised by John Smith of Homebase in Camberley. I bought the St Ives set of garden furniture (table and 4 chairs) on 17 June 2008 for my daughters 1st birthday and my birthday.

On Thursday 24 July at around 6.00 p.m my husband (James), myself and my daughter (Daisy) were sitting on the patio after having dinner. After dinner James held Daisy whilst seated in one of your chairs, I went in the kitchen to tidy up. I heard a bang and so I went out, James was walking in the door with Daisy crying and explained what had occurred.

Whilst seated, and holding Daisy, all of a sudden the back of the chair snapped causing James to fall back, but thank god the table was in front of him as he was able to catch his foot under the table to break his fall. The table went over and smashed glasses with drink in. Daisy was crying hysterically with shock, and grazed and bruised her arm on the French door. James hurt his back, neck and ankle; my husband was in a lot of shock because what could have happened, more so to our daughter.

If the table wasn’t there they could have both fallen back into the glass panel door or frame or if facing another way banged their heads on the patio, which could have been fatal, especially for our daughter. Im sure you will appreciate the situation could have resulted in more severe injury!

However, as a result James was in a lot of pain and was forced to go to the doctor’s. His doctor advised him to have 4 days of work because his work is manual. My husband is self-employed so we have now suffered loss of earning’s in addition to the injuries. He is still in a lot of pain and is on pain killers which make him feel awful.

To our horror, since then another chair has broken. This happened a couple of days later on the Saturday afternoon. James thought it surely would’nt happen again but it did, however the wooden pole snapped but stayed in the fabric so he did’nt fall right back this time. We have therefore stored these items pending enquiry.

All this has been upsetting and inconvenient to say the least. As the first time it happened was the day before my birthday and I had friends coming round the next day, also I was having to make phone calls on my birthday regarding this matter which made me relive the whole awful experience causing further upset and stress.

It would be my recommendation that Homebase recall these items with immediate effect, to ensure that others don’t suffer in the same way.

In the meantime, I welcome your suggestions for recourse not only to replace our garden furniture, obviously not the sames ones, but also our loss of revenue and emotional impact this has caused my whole family.

Yours sincerely

[Conniff]

I remember someone saying in another thread that you shouldn't say 'pain'. Pain can be controlled so, if I remember correctly, you should say 'severe discomfort'.

 

Others will be along later Johnny - they are probably watching Coronation St. (that should get them posting)

[jonnythehorse]

the pain i have is sort of controlled, the painkillers i have take the edge off it but not stop it completely id say i still have pain, but as i still have to work it doesnt help, also the co-codamol and diclofenac have some unfortunate side affects

[Conniff]

I'm just trying to find the post, it made really good sense as far as I can remember, and of course sounds much better. All these things are a play on words.

[Conniff]

Sorry Jonny, I went back to the begining of the general forum and can't find it. The search facility is not the best on here, it brings up a lot of irrelevent rubbish with no connection at all to what was searched for.

 

Perhaps someone else will remember.

[jonnythehorse]

can anyone offer any more advice please

[ConnyWonny]

Where do you live Johnny?

[jonnythehorse]

i live in camberley in surrey, is that relevant though connywonny ?

[jonnythehorse]

im bumping this as i need some help

[Conniff]

Have you sent a letter yet?

[jonnythehorse]

no i was waiting for some advice on here, i have the letter that i have posted on here and taken your advice on the severe discomfort but i dont know where to go from here, homebase have sent me a letter in the meantime which is laughable.

i will get my wife to type it up here as it will take me far too long.

shall i just send the letter i have ?

[Conniff]

Hang on until your wife has posted their letter here first.

[raydetinu]

You can scan it, then post it up. When the first chair broke I would have taken the whole lot back and dumped it at the desk, with a letter asking for money back and compensation. You can certainly claim for the injury. Ask to be put in touch with their insurers. that will make them take notice.

get doctors/specialist report; Doctor may ask you to pay for that but at least gets it moving.

[jonnythehorse]

here is the letter from homebase:

 

I have been passed your details from our ......... store along with details of the problem you have experienced with the St Ives garden furniture purchased from us.

 

I was sorry to hear about the accident which occurred with this product. I do hope that both you and your daughter have now made a full recovery.

 

Please accept my apologies for the inconvenience this situation has caused. I do hope that this isolated incident does not deter you from visiting Homebase in the future.

 

If I can be of any further assistance please do not hesitate to contact me or the team on ............. We are available Mon to fri .......

 

yours sincerely ........

[seftonview]

Hi

 

My suggestion would be to contact a personal injury solicitor from the outset, given that you would need to follow the relevant pre-action protocol to issue a claim.

 

The Law Society - Find a solicitor

 

HTH

[Conniff]

Ok, you have docs certificates, so there should be no problem with this, there wont be a problem in getting your furniture replaced. Keep it amicable and write asking them how they intend to make recompense.

 

Put in the cost of the furniture plus the losses that you have made ie time off work etc; and what you want.

If you are not after monetary compensation, then suggest that they give you a garden set of your choice, (they lose less in goods than cash, but you gain more).

 

I say 'amicable' because they are probably used to getting demanding or cross letters from people and this might just shock them. You can, of course, become more demanding if they make you a silly offer.