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Exploding seltzer bottle: update #3.

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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:22 PM
Original message
Exploding seltzer bottle: update #3.
Recap: Two weeks ago I was filling/recharging my 'seltzer bottle' (actually known in the trade as a soda siphon). As I finished screwing in the CO2 cartridge, the plastic bottle exploded in my hand. Blood all over the kitchen, trip to the ER, and 7 stitches.

Had the sutures removed Tuesday and the wound appears to be healing well. Still some numbness in my pinky. It's my right hand, natch. My screwdriver hand, my hammer hand, etc.

The manufacturer has offered to cover all my medical expenses and give me their top-of-the-line STAINLESS STEEL model and a year's supply of CO2 cartridges. I'm a little gun shy of soda siphons right now (no kidding?), but figure the steel model should be relatively explosion proof. If you drink a lot of club soda (as in "Scotch and") this is a handy gadget.

I talked to my insurance company and they are paying the claim. I explained the situation, what happened, the company would pay the bills, etc. and they didn't seem concerned. My out-of-pocket expenses will be my $5 co-pay. Somehow this doesn't seem like enough 'punishment'.

The president of the company (Leland Ltd.) contacted me and has been very solicitous. He and his engineers have no idea why this happened.

Question: Once I have collected what I think is AT LEAST my due, do I rat him out to the U.S. Consumer Protection Agency? They have a specific form to fill out, online, for any product that causes injury or death.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:26 PM
Response to Original message
1. Frankly I would sue them
What is the function of your hand worth?
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:40 PM
Response to Reply #1
8. Talked to a lawyer AND a judge
Edited on Thu Aug-26-04 05:47 PM by trof
over drinks the other night.
They agreed, not a bad enough injury for a lawsuit.
The judge: "NOW...if you'd lost an eye, or a finger or two, THEN you'd have a case."

The fact that you're standing in your own kitchen, minding your own business (so to speak), doing a job you've done completely safely a hundred (thousand?) times before and BLAMMO doesn't seem to account for much.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:48 PM
Response to Reply #8
11. You should have your hand function check orthopedically since
you state it is your "screwing, hammering" hand...they only see the stitches and think superficial...I'd hold off before you settle up with the company...things such as grip loss and motor functions should be checked orthopedically.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:01 PM
Response to Reply #11
14. Thanks, hon.
I ain't signed no releases.
Nor have they asked me to...yet.
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sangh0 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:23 PM
Response to Reply #14
17. Orthopedically *AND* nuerologically
As someone who has had Carpal Tunnel Syndrome, and few other hand problems, I strongly suggest getting it fully checked out, if possible.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:27 PM
Response to Original message
2. Yes, rat him out. Next time it could put someone's eye out.
And get your due from the company too. Good luck with the numbness.
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MikeG Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:30 PM
Response to Original message
3. A little song, a little dance.. (You should know the rest)
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:35 PM
Response to Reply #3
4. "A little seltzer down your pants"
GO HARPO!
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:35 PM
Response to Original message
5. Good grief why? Accidents are just that; accidents. The owner of the
company has been immediately responsive; there is no history of chronic issues like this at all, and no one is at fault. Accidents HAPPEN. There was no negligence, no willful malice, no intent to harm, no intent to profiteer.

No one has done anything wrong here. Passively punishing the company over a genuine mishap is just pointless. There is no design flaw to be changed; nothing discontinued, nothing disclosed, no other injuries to be reported.

It just all sounds a bit petty, no offense. There is nothing more to be gained from any action. Chalk it up to freak accidents. Enjoy that there high tech seltzer gadget! (now if it happens a SECOND time, you may have a case...)
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:39 PM
Response to Reply #5
7. Assumes facts not in evidence
CO2 can be dangerous and the design of their product could be flawed. If they ADMITTED liability then odds are this is NOT the first time this happened.

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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:50 PM
Response to Reply #7
12. Agree. Assumes a whole BUNCH of facts not presented.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:46 PM
Response to Reply #5
9. No, an 'accident' is if
I slice my finger while chopping onions.
When I use a product sold as supposedly safe to use, and it explodes, that's not an accident. That's a product defect.

Let me put it this way. You ease off the gas to slow down for a stop sign. The accelerator sticks and, before you can think fast enough to kill the engine, you go screaming throught the intersection and T-bone a crossing car, is that an 'accident'? Hardly. It's a defect in the product. BIG difference.
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flamingyouth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:35 PM
Response to Original message
6. You're lucky you weren't blinded
How scary. Yes, I would definitely fill out the form.:thumbsup:
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:09 PM
Response to Reply #6
15. That has been pointed out to me.
I was "lucky"?
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flamingyouth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:11 PM
Response to Reply #15
16. Well, it just could have been worse
I know you were hurt, but man, those things could take out an eye.
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arwalden Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 05:47 PM
Response to Original message
10. Is There A Time Limit On Their Offer?
Maybe you should play hard to get. You think on it. See how well you're healing and if all progresses as expected.

Let them stew on it. Perhaps they'll sweeten the ante. --- You're smart enough to know to read the fine print, so I won't even mention it. (D'oh! Too late.)

If nothing else... you could insist that that particular product be discontinued or recalled. It's not going to pay for your retirement motor-home, but you could save some kid an eyeball.

Or am I being too dramatic?

-- Allen

P.S. Glad you're healing well.


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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:00 PM
Response to Reply #10
13. Thanks, Allen
One part of me would like to get his mortgage paid off over this, or at least a new Prius.

The rational, LIBERAL side says I'd just like for them to do the right thing. They kind of are. I guess I just feel I have been damaged more than I am being compensated for?

Not to put too fine a point on it, but try doing without your dominant hand for a month or so. Stitches are out, but I still have to favor that hand. Ahem...um...'personal hygene' becomes a real challenge. 60 years (I discount the first three when I was in three-cornered pants) of 'righty' in that area...well...
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:28 PM
Response to Reply #13
18. Wanna know how well personal injury goes these days? I was rear
ended while at a full stop, at a cross walk for a pedestrian with a crossing guard, huge read sign, orange vest, etc.

The gal never touched her brakes. I suffered whiplash severe enough to keep me from work for 4 months. FOUR MONTHS.

She got out of her car while still on her cell phone TALKING, telling her caller she had just had a car accident.

FOUR months I was out of work. I went back to work after 6 weeks due to a paperwork mix up, (even LONGER story) and almost got fired for being such a mess that I couldn't handle the job, with the amount of pain I was in.

This was 2 years ago. Today, I am sitting in agonizing pain from the nerve damage to my hands from the whiplash. Today. I'm still on anti-flammatories, and have developed severe arthritis in both hands.

Guess how much I got for being permanently damaged and afflicted with chronic pain in an accident that wasn't my fault?

$2,500.00

NOT two MILLION.

NOT Two Hundred and Fifty Thousand.

NOT Twenty Five Thousand.

Two Thousand, Five Hundred Dollars.

MY CHIROPRACTOR got more than I did.

So without losing a limb or an eye or being brain damaged, you stand no chance whatsoever.

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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:32 PM
Response to Reply #18
19. There ya go.
What's all this shit about 'trial lawyers' and frivilous lawsuits?
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barackmyworld Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:34 PM
Response to Reply #18
20. is the coffee burn lawsuit trend over?
I thought huge lawsuits for products hurting people were still going strong.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:38 PM
Response to Reply #20
21. This was never true.
The scald lady lost on appeal.
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miss_kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-26-04 06:43 PM
Response to Original message
22. well my .02 is..
'lucky' would be if it never happened

nerve damage can take a long time to heal...i have had extensive surgeries and mass parts of my body numbed and know this to be a fact....the feeling may or may not come back in your pinky-could be 6 months, could be a year, could be less, could be more, could be never.

you may want to look into going to a hand specialist. tell mr friendly ceo and see if his company is behind you on that, ie "mr trof, of course, we'll pay for that, with no strings attached."

speaking of shit exploding, some lady here in WA st had a part of effin KNITTING NEEDLES explode on her...

The CPA thing-i think yeah, so others know, and wear safety goggles or even a face shield next time. kevlar chaps and vest. damn...i always wanted one of those too....
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