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Tammie

advent laptop burnt my wrist

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Hi

 

I have an advent laptop bought in Jan 2009 and insured through know how--pay monthly for this insurance.

 

Had a problem with currys charger couple months ago and exhanged it for a new one at currys as they said it was faulty.

 

I also burnt my wrist on the lap top..seemed to catch the edge of my wrist when moving lap top on table at home.

 

I've sent lap top with all updates to currys (knowhow) they collected it as a dangerous product?

but could find no problem..and not overheating.

 

They are not prepared to provide me with a new laptop, just a service and to replace a chip on front work area of laptop.

 

They have gone to their solicitor for advice on my claim for my burn.

 

I've said there is definitely something wrong with it if not with the old charger.

 

Any advice here?

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What model?

Badly burnt or slightly?

What area of the laptop did u catch?

 

Will say it's very unusual to get a burn off a laptop most of the cpu's auto cut off around 110ish


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Does your policy say 'new for old' ?

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advent 6411. purply pink scar inch by inch wide and long. Moving laptop caught my wrist on side of it..just moving laptop to different angle on table.

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yes it does say new for old however currys now saying they can't find the fault at their dangerous products dept. They want me to allow them to send it to their repair section for a service and clean up and that's it. No offer of a new one as they say its not faulty not what they have found.

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If they can find no fault, they are within their rights to repair / service it and return it.

 

 

After this length of time it would be up to you to show there was a fault and that the fault was there at the time of purchase.

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Lap top is back with me now repaired. However they are not considering my burn as can find no cause. I have said they should have tested it with the faulty charger which store replaced in March. The store retained charger -I've enquired on its where abouts and been disposed of. I've had two chargers over six month period.

Dixons will not proceed with my complaint as they are now saying I should have told them the fault was due to charger rather than laptop. I have written back to say I have not changed my story the heat was generated right side laptop and charger connection within that area. Also that all repair staff I notified of this factor both over phone and in person at store and complaints line. Any assistance from anyone here would be appreciated as my case is genuine and I am finding it hard to prove.

Edited by Tammie

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Any assistance from anyone here would be appreciated as my case is genuine and I am finding it hard to get Dixons to investigate further. They are at fault as should have taken faulty charger as if laptop itself not at fault then it must be the charger as laptop constantly connected as such a poor battery life. I have relayed all of this to Dixons and throughout my claim. Any help would be appreciated as they are saying I should obtain legal assistance.

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Hi Tammie

 

What you should have done is kept the 'faulty charger' unit, then lodge a complaint with Trading Standards.

 

You can still lodge a complaint with Trading Standards, send them a pic of your 'burn'. Explain what happened.

 

CAB should pass your Complaint to Trading Standards.

 

http://www.citizensadvice.org.uk/index/contact_us.htm

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (burn - lodged complaint with Trading Standards), how they have let you down (faulty/dangerous product) and what you want them to do (compensate you), send pics.

 

Send it to:-

Mr Sebastian James

Chief Executive

Dixons UK

Sebastian.James@dixons.co.uk

 

 

Lap top is back with me now repaired. However they are not considering my burn as can find no cause. I have said they should have tested it with the faulty charger which store replaced in March. The store retained charger -I've enquired on its where abouts and been disposed of. I've had two chargers over six month period.

Dixons will not proceed with my complaint as they are now saying I should have told them the fault was due to charger rather than laptop. I have written back to say I have not changed my story the heat was generated right side laptop and charger connection within that area. Also that all repair staff I notified of this factor both over phone and in person at store and complaints line. Any assistance from anyone here would be appreciated as my case is genuine and I am finding it hard to prove.


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You say you now have your laptop back repaired and I assume it has come with a new charger.

 

 

If this is so, what exactly do you want Dixons to do ??

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You say you now have your laptop back repaired and I assume it has come with a new charger.

 

 

If this is so, what exactly do you want Dixons to do ??

 

Damages for a personal injury claim?

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Do you have hospital reports and photographs ?

Are you financially out of pocket because to this alleged injury ?

 

 

If neither, then you will have an uphill struggle to show you are entitled to anything.

 

 

If you really believe you have a claim, go for one of the no win no fee lawyers, if they are unwilling to take it on, you can take that as not worth it or no case.

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Do you have hospital reports and photographs ?

Are you financially out of pocket because to this alleged injury ?

 

 

If neither, then you will have an uphill struggle to show you are entitled to anything.

 

 

If you really believe you have a claim, go for one of the no win no fee lawyers, if they are unwilling to take it on, you can take that as not worth it or no case.

 

Hospital report not required if hospital treatment not required. The courts would (I hope) look dimly upon a system that inspired people who didn't need to attend hospital to attend hospital purely for "legal validation".

 

There is no requirement to "be out of pocket" for a claim for personal injury / pain and suffering / loss of amentity.

"Out of pocket" claims would be for pecuniary damages, for example if someone hadn't been able to work due to a burn (where the claim includes then 'loss of earnings'), while the others above above are non-pecuniary - a precise figure for loss can't be definitively calculated for them.

 

The fact that a precise figure can't be "calculated on a pure mathematical basis" doesn't mean they can't be claimed for : that is why The 'Judical College (formerly the JSB) Guidelines" exist.

Lord Donaldson noted: "Paradoxical as it may seem, one of the commonest tasks of a judge sitting in a civil court is also one of the most difficult. This is the assessment of general damages for pain, suffering or loss of the amenities of life. Since no monetary award can compensate in any real sense, these damages cannot be assessed by a process of calculation. Yet whilst no two cases are ever precisely the same, justice requires that there be consistency between awards."

 

The fact that an injury is only minor also doesn't mean it can't be claimed for.

 

The Guidelines note:

"Minor injuries are injuries which are of short duration, where there is a complete recovery within three months and are not otherwise referred to in other chapters. Cases where there is significant pain or multiple injuries albeit full recovery within three months may fall outside this chapter. Likewise cases involving, for example, travel anxiety (associated with minor physical injuries) or minor scarring where symptoms last for more than three months may appropriately be included in this chapter. The awards within each bracket will be dependent on the severity and duration of symptoms. The extent to which the level of symptoms remains relatively constant will also be a relevant factor.

 

(a)Injuries where there is a complete recovery within seven days.A few hundred pounds to £500

 

 

 

There are similar figures for minor injuries resolving within 28 days, and within 3 months. (There is also a 10% uplift, but you no doubt get my point).

Even a minor injury resolving within a week has a damages figure for non-pecuniary loss associated with it, and there is a within any class of injury for severity asessment within that class of injury.

 

If permanent scarring resulted (for example a full thickness burn, to the hand / wrist, AND if noticeable in day to day life):

 

A single noticeable scar, or several superficial scars, of leg(s) or arm(s) or hand(s), with some minor cosmetic deficit justifies £1,750 to £5,600.£1,750 to £5,600

 

Hence why I believe that "If neither, then you will have an uphill struggle to show you are entitled to anything" is wrong on both counts : no hospital report is required (though photos would be good evidence!), and no pecuniary loss need be shown, although if there was a pecuniary loss this too could be claimed for.

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You can't just write to a company, any company, and make a claim that your were injured by a product they supplied and expect them so send you money. You will need some proof of either the injure or financial loss because of that injury.

 

 

If I'm wrong I'm off to Currys to complain about my back.

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You can't just write to a company, any company, and make a claim that your were injured by a product they supplied and expect them so send you money. You will need some proof of either the injure or financial loss because of that injury.

 

 

If I'm wrong I'm off to Currys to complain about my back.

 

You are correct, you can't just write to a company, and claim, or at least you can do so, but they may well say "we'll let a court decide".

 

A court would decide any such (civil) case, on the civil standard of proof- "balance of probabilities".

The OP had a defective laptop repaired : that would be proof of a heat damaged chip.

The OP may have photos of any burn, and the fact that he described a burn when reporting the fault.

 

If the OP has / can take photos : that would be evidence a court could weigh. No hospital report required.

For a more severe injury (requiring medical attention at a GP's or a hospital) : of course that would be highly persuasive evidence.

 

How are you claiming Curry's caused your back issue?.

If, instead, you were aiming for "reductio ab absurdum" : the fact your example may be absurd doesn't mean the OP's claim must be false.

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Any heat high enough to burn a person would melt or at minimum distort the plastic case of a laptop. Some proof is going to be needed, it seems a bit of a vexatious claim to me.

 

 

I hurt my back lifting my lappy :lol:

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There a 'six degrees of burns', so I disagree, plus the laptop might not be plastic.

 

Any heat high enough to burn a person would melt or at minimum distort the plastic case of a laptop. Some proof is going to be needed, it seems a bit of a vexatious claim to me.

 

 

I hurt my back lifting my lappy :lol:


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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human skin burns at around 50c, whilst the plastic on the laptop would not distort and certainly not melt at 50, probably about 90+++

 

am sure google will have the correct temperatures :)


If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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I hurt my back lifting my lappy :lol:

 

Novus actus intermedius .... causation would fail.

Even if not, they'd likely claim a defence of either volenti (you knew the laptop's weight), or partial defence of contributory negligence!.

 

I take it the "try the CFA lawyers, see if they say they'll take on your case" test failed for you, your lappy, and your back :)

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There a 'six degrees of burns', so I disagree, plus the laptop might not be plastic.

 

 

An Advent would be. The only metal I know of so far are Sony and Apple and they aren't all metal.

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Thank you everyone for your input. I had decided my only option was to contact CEO/Executive Office of Dixons and did so beg May 2014 with a full report and photographs. I have since received a couple of negative emails from Claims Executive Group Insurable Risk & Claims Department referring me to my own legal council since they say 'Our engineer has been unable to find anything which would cause overheating. The maximum temperature that was reached was 38 degrees which is normal temperature usage'. This of course was without the faulty charger. It is an Advent 6411 Laptop. They gave it a full service and made a few repairs as in replaced screen (not that it was broken!! But nice to have been replaced) and replaced surrounding keyboard area as a large chip out right of corner large enough to see inside laptop. I had requested this to be repaired last year but was advised by repair staff in store they said it was cosmetic damage and would not injure me even though could feel heat coming from this area! They also replaced a screw in back area (not that I was aware it needed replacing).

 

Yes the scaring is still very obvious on my right wrist BazzaS and your facts are very interesting and I am considering my next plan of action..

Edited by Tammie

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hello,

personally i would ignore the frivolous comments such as you are making a vexatious claim etc.

apart from that, you have been given good advice. if you can some way prove the advice given to you from the repair staff then i feel you would have more of a case against them.


If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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I don't consider it frivolous. What proof has been shown to make anyone think it could be anything else.

Edited by Conniff

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I don't consider it frivolous. What proof has been shown to make me think it could be anything else.

 

Hang on : it will be hard for the OP to PROVE to YOU that events occurred as they stated, unless they send you photos of the scar from the burn, copies of the repair notes, and a sworn witness statement (created under penalty of Perjury contrary to Coniff's laws)

 

On that basis, is every claim people are asking for help with on CAG frivolous / vexatious until you agree it otherwise?.

 

We can discuss a possible claim's flaws and merits, but the proof stage is if it went to trial.

 

Sure, where _based on what a poster has stated_! : if they don't have a cat in hell's chance, then they should be so advised, but to state the OP's case as frivolous or vexatious : can you say on what grounds you think rheir story "doesn't add up" or why a claim would fail?

 

Duty?

Breach of duty?

Harm and its Causation?

Defences?

 

You initially said the OP couldn't claim unless:

a) had been to hospital

b) had suffered monetary loss,

c) couldn't claim unless more than minor injury, but have since accepted neither of those would be needed.

Are you just "kicking back" after being shown to be incorrect, or do you really doubt the OP's claims, and if so, why?

 

I've been sceptical of some in the past (such as Billy and his "accidentally" picking up his sister's [or was it his Gran's - his story changed!] Freedom pass and using it and his explanation of them being in identical cases, of which he had hundreds littering his des res) : but I'd express why I had reservations .... Like the shifting story & implausible scenario

 

Back to this OP : for me, I'm wondering what caused the burn : the laptop or the charger?

 

As the OP said the laptop caused the burn : had it been in contact with an overheating charger and is that why it was so hot?

Is / was there any heat marking on the laptop casing?

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I did not say he 'couldn't' claim, I 'asked' if there were reports to back up his claim like a hospital visit and also was there any financial loss.

 

 

If there is neither of these things then it is just his word against theirs and it will be an uphill struggle to lay a claim before a court.

 

 

Also the 'I' was a typo and I have edited it.

Edited by Conniff

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