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Good afternoon!
I'm needing some sensible advice, legal or otherwise (mainly legal).
I purchased four jars of Tahini, via a recent Amazon sale. The contents were not padded at all, but rather, sent in ZIP-LOCK PLASTIC BAGS in a box that was twice the size of the jars. One jar arrived broken, and as I reached in I received a deep laceration to my finger. Of-course, I had to reach in at that exact spot where the broken glass was. There was a lot of blood and what followed was a trip to the hospital to receive local anesthetic and stitches. The doctor told me, one millimetre lower and I would have lost the use of that finger (it nearly cut the tendon and artery), and I am a Writer and Illustrator. I have a permanent scar now. I bought a fifth, single jar (there was only one left, actually), to see what the packaging would be like and it was bubble-wrapped and padded to the hilt. It was fairly predictable, I suppose.
AmazonAU's responses have been disappointing in resolving the issue, although they claim they have addressed the issue in the packaging department which I was glad to hear. At first, they offered $10 for compensation! Then they started bargaining and, on my end, I was not wanting to play that game. I just repeated the facts a couple of times in an effort to help them understand the seriousness of what happened and how close I came to a life-changing experience. I am old-school when it comes to note-taking and ideas-jotting. Ideas often come to me when I'm in bed, so I keep a notepad handy. After offering $100, then $200 on the phone, they later offered a $300 Gift Card (a "final offer" sent by email). Is that reasonable? I'm not being evasive, I'm just asking, is it? Think on it for a while before rushing to comment. Consider how you'd feel if you were in my shoes.
Interesting tidbit:
What's amazing is that an hour before the injury I heard from an old friend who wanted to visit, as he was traveling to Melbourne from Mildura to see his folks. After a couple of initial messages between us, the incident happened, and I had to go to the hospital. I didn't have a chance to tell my friend obviously. When I returned home, I found a message from him with a warning, so that when I saw him I wouldn't get a shock. The previous year he was involved in an accident, an explosion, and he lost his hand completely. Also, just a couple of weeks earlier a friend in London slammed the door on her other hand, losing the tip of her finger. Pretty crazy coincidences but obviously I was the luckiest. Nevertheless, I believe this was a very serious oversight by the packaging team which could have affected my career and everyday life.
In anticipation of the question…
I'm intuiting that a figure of $1500-3000 seems appropriate for a permanent scar and near loss of ability to write and draw. This figure is also about ensuring that a strong message is delivered to Amazon to keep customers safe. $300 they'll forget in a day. $1500-3000 they'll remember for a while. You follow?
I feel the need to mention…
If you're not here to help, just jog on. I'm looking for positive comments only. My seventeen year old cat just passed away on Monday and I'm doing my best to keep my chin up during this very difficult time. He was the light of my life. The sweetest cat anyone could ask for. Many vet bills this past year, all leading up to a very fast crash (kidney failure) early Monday morning (after trying medications and a new diet - all requiring a great amount of expenditure). The emergency Vet couldn't save him and I'm waiting for his ashes, which is excruciating. Not looking for sympathy, I'm only mentioning it in an attempt to keep keyboard warriors at bay. So, again, just jog on if you're looking to provoke (subtly or obviously) or be "witty". Write something decent (it doesn't have to be what I want to hear) or get lost.
Thanks.
Talk to a lawyer who will send a letter to their legal department. Expect them to come back to you with an offer in the 4 digits range.