To sue or just get money back

[Anon]

Short version.... Got my kid a pair of shoes froma a large chain store. The following day the soles came off the shoes which may or may not have been the cause of a fall he had resulting in a hospital visit. I called the company to get a refund on the shoes and report the potential safety issue.

My initial concern was safety of potential future customers and kids and getting refunded for crap shoes, but I see the company is squirming a bit and could offer a settlement probably if I pursued.
The medical bills were paid by insurance (no copayment) so that's not
The issue, but if they are at fault are we due
For pain and suffering, lost time, general pain in the assery? What would you do?

 

[Tress]

If it were me, I would have to decide if I felt the defect in the shoe was purely an accident on the part of the manufacturer, or if that flaw represented a fundamental problem that the company knowingly allowed to go to market. If you honestly believe it was just one of those crappy twists of fate, I wouldn't sue. If you have a reasonable belief that the company did know about the problem ahead of time, or realistically should have known, then contact a lawyer and explore options.

 

[blotsfan]

Ask a lawyer. You probably wouldn't get a ton, but if you have a chance to get a few grand out of it, I'd go for it.

 

[Dave]

I'd simply get my money back. Getting stuff from a large chain store is cheaper but in a lot of cases you'll get what you paid for. Which sucks because I know I had issues paying for stuff fro "normal" stores.

To me this is not a sue-worthy issue. You didn't pay anything and there is no lasting harm. Add in the fact that it is not definitively the reason behind the accident and you have a lawsuit that - while a lawyer might take it - is the type you see in the frivolous category.

 

[strawman]

Trails such as this take a minimum of a year, and during that time they will do things that will anger you unbelievably. The feeling will often continue on well past the trial, whatever the outcome, and you will spend an inordinate amount of time on the whole ordeal.

If you enjoy living life with a bitter feeling squirming around in your stomach, then by all means go for it.

Otherwise, move on, life is too short to live like that.

The only case in which I'd ever consider doing this is where my child's life is irretrievably altered by the incident, and where there is a good expectation that it will negatively affect their life well past their childhood. For instance, if the fall resulted in a fracture through the growth plate of the femur, resulting in a leg deformity, or if it resulted in a head injury that will require repeated surgery as he grew and ongoing care, etc.

Otherwise, it's simply not worth it. Further you will have to make your child look like they are in continued pain and suffering, and that will rub off on them - the action to taking them through a grueling trial process just for money will alter their life negatively in ways that you can't imagine right now.

So, I recommend no.

 

[fade]

Yes, stienman said what I would say. My little brother (for reasons mentioned in the rant thread) is involved in a suit against a coal company now. Even though the evidence is clear, even though the negligence was clear, even though there were witnesses to the coal company's fault, it will take at least a year before things really even get moving. It will take a long time.

 

[Jay]

As a Canadian, I refuse to properly comment in anything related to this type of topic.

 

[KCWM]

I had a girlfriend who was involved in a car wreck. She ended up getting two of her vertebrae fused with a platinum plate--she got a $50,000 settlement from the other guy's insurance company. It was a hit-and-run, and the guy did jail time. It was clearly his fault, and it took her almost 18 months to see her money.

As soon as the settlement was complete, HER insurance company demanded something like $30K of the settlement to cover their own losses.

So, if you were to sue, I'd expect your insurance company to do something similar. Unless you were looking at a big-dollar settlement, it probably wouldn't be worth it.

Subrogation is a real pain. My wife was in an accident and broke her wrist, had to have surgery, and will never have full use of her wrist again. Fortunately, the person who was at fault had a good insurance policy and we came away with a fair amount. After the lawyer fees, our medical insurance wanted in on the cut and is fighting with our lawyer about the money that they are owed. Funny thing is, had my wife been at fault, they'd have gotten nothing.

So, you COULD sue thing, but in the end, you'd lose a third or more to the lawyer and then likely lose some to the insurance medical insurance company.

 

[Jay]

In Canada, if you had that accident, you go to an ER, wait a little while then go to operating room amd they fix your shit. You may have to stay overnight depending on their recommendations but eventually you go home with an appointment already scheduled for you.

You don't pay anything, well.... at least directly.

You could get it fixed faster if you go semi-private or private but it'll cost you some.

All in all though, nice to have options when things take a shit.

As far as the OP story goes, still feeling like sueing over sub-par sneakers made by kids in Taiwan?

 

[makare]

Pain and Suffering is really hard to prove to a jury. I'd think technically the facts of the case could result in a settlement but I don't think you could show damages at a level that you would get anything worthwhile out of it.

 

[Chibibar]

If it is small, I think you might end up losing some money in legal fees.

Pain and suffering have to be at a "high" level (i.e. broken bones, unable to work, lost of job, huge medical bills, etc etc. To really stick in court.

 

[Anon]

Thanks for the advice everyone. I feel morally worng lookng for anything more, but was feeling some "peer pressure" from some folks I had shared my story with. On all accounts, this accident may well have happened with or without crappy falling apart shoes. So for myown moral well being and to save my son from having to endure future torment, questioning, etc, I am goint o send th shoes to the company, save my receipts and request a refund for shoe cost, shipping cost and be done with it.

If they aren't total assholes, maybe they'll throw in a $20 gift card for my initial attempt to save chldren from a similar fate. Or karma will give me the whole what goes around...blah blah..... and I'll be glad I didnt fall into the sue happy societal pressures .I will update

 

[Dave]

Good for you, man! Hope it works out.

 

[Anon]

Just for shits and giggles, here is the update on this:
I ended up finally receiving a refund from the manufacturer of the shoes. The store pawned it off to them, who in turn tried to pawn it off on another company, but the second one ended up sending me what I paid for the shoes and the money it cost to ship them back. Lame ending I know...

 

[Dave]

It's not a lame ending at all. It may have taken some time but you got reimbursed and that's what counts.