Personal Injury from Poorly Designed/Made Appliances

edy4eva on 29/04/2021 - 21:13
Last edited 29/04/2021 - 23:09 by 2 other users

We have a new dishwasher and microwave from a reputable brand in the unit we recently rented. In the first week of our tenancy my wife injured her ankle and finger from the very sharp edges on the dishwasher door.

Then just tonight I suffered a deep cut to my leg from the sharp metal corner in on the dishwasher door, as well as a cut to my finger from the microwave door.

The cuts are deep and the ones sustained from the dishwasher resulted in more bleeding than a simple cut.

What would you do?

Just gauging whether it’s worth involving a personal injury lawyer from the outset, because I want the manufacturer to not just compensate for the injuries but also issue a nationwide recall/resolution that could potentially affect thousands if not tens of thousands of users.

Just imagine your child getting a nasty cut that may result in a lifelong scar because they happen to pass by the dishwasher while the parent is loading/unloading the dishwasher.

Thanks

Update: pictures with the sharp edges/cuts, sorry for the bloody scene

https://i.imgur.com/CyvCezt.jpg

https://i.imgur.com/LJHBTFE.jpg

Poll Options

  • 21
    Contact landlord/builder
  • 20
    Seek resolution with manufacturer
  • 101
    Just get a personal injury lawyer
Home & Garden

Comments

            • Harold Halfprice on 03/05/2021 - 18:24
              +1

              @Bob Svargis: No person should ever have to be subjected to seeing blood. It is disgusting, traumatic and a violation of basic human rights.

          • DoctorCalculon on 30/04/2021 - 23:04
            +7

            @edy4eva: My God! Are you going to spend a fortune on lawyers to go to court over seeing blood?

          • JungliChilli on 01/05/2021 - 15:53
            +3

            @edy4eva: LulZ… Now I just think someone is after $$$$$$$$$$ not sure if I've included enough $

          • Lichen6420 on 02/05/2021 - 21:08

            @edy4eva: Wont somebody think of the children !

        • Menzoberranzan on 04/05/2021 - 10:59
          +2

          OP sounds like a classic Karen American looking for something to sue about

      • thestig on 30/04/2021 - 09:59
        +46

        Claiming compensation for such a minor injury which has cost you absolutely nothing is just pathetic. Then going further and claiming psychological damage from it is just scumbag territory. Just get the problem rectified so it doesn't happen again and advise the manufacturer so a recall can be considered to avoid others being injured. This is not the US where we sue for everything, stop trying to get something for nothing.

          • iCandy on 02/05/2021 - 18:42
            +1

            @edy4eva: If a “no win, no fee” lawyer doesn’t take your matter then you will have to pay all outlays (eg medical reports) and legal fees out of your own pocket until settlement where, if you win, you may be reimbursed. There will also be an offer submitted by your lawyer to theirs, and a counteroffer from theirs to yours and so on. If a reasonable offer from the other side isn’t accepted by you, and it goes to court (where you will have to pay for a barrister to represent you) and you lose, you will have to pay the other side’s legal fees as well as your own.

          • exxonsign on 02/05/2021 - 19:24
            +3

            @edy4eva: You may want to take a look at the NSW Civil Liability Act, which places some restrictions on recovering for injuries (both physical and psychological) in this jurisdiction before you posture too much about what you may be entitled to recover. Agree with @iCandy that you could try to enlist the ambulance-chasing type lawyers to advance your claim, and they will only touch it if you are looking like a very strong chance of recovering enough to make it worth their while. But you may find that the whole reason the Civil Liability Act imposes thresholds, which is to weed out less serious claims, makes your case unattractive to plaintiff lawyers by limiting both your chances of prevailing and your potential recovery.

          • Lichen6420 on 02/05/2021 - 21:09
            +3

            @edy4eva: You do seem a little damaged in the brain… might be that PTSD kicking in.

      • burningrage on 01/05/2021 - 15:25
        +11

        Professional gold digger. Gotta love em

      • DvApps on 02/05/2021 - 05:22
        +12

        PTSD from a dishwasher, this can't be serious 😂😂😂

      • khomeini on 03/05/2021 - 16:31
        +1

        You should reside in the US, many opportunities to claim for compensation there. A grape and a good store is all you need.

        Good luck in your endeavours and perhaps be more careful when opening those items again?

        Generally animals have evolved over time through learning from their trials but it seems some humanoids can't.

        In saying the above, we also have sharp oven doors but luckily no major harm.

  • Almost Banned on 30/04/2021 - 00:16
    +5

    This isn't really a personal injury claim (unless you want to sue your landlord - even then, not really your typical motor vehicle or slip and fall type claim).
    You'd be better off looking for lawyers who work in product liability or at least negligence or ACL claims IMHO.

    • viper8548 on 04/05/2021 - 23:42

      tbh i would barely call it an injury, superficial cuts usually looks worse than it is. This is like hitting your toes on the corner of your bed then wanting to sue the bed maker lol

  • SF3 on 30/04/2021 - 00:56
    +14

    OP, maybe lodge a report via https://www.productsafety.gov.au/contact-us/for-consumers/re…

    • BeamMeUp on 30/04/2021 - 09:41

      Yes do this if you think a product is unsafe or designed badly. Cheap OS manufacturers get away with making to many rubbish products nowadays. Cheap is one thing but complete rubbish or unsafe is no good at any price.

  • cheesecactus on 30/04/2021 - 02:10
    +4

    I want the manufacturer to compensate for the injuries

    Compensation for what? Minor cuts that didnt require any medical attention?

    I guess you could ask the manufacturer to replace or repair the units, but the appliances are the property owners not yours, so i dont know the specifics of how that would work.

    nationwide recall/resolution that could potentially affect thousands if not tens of thousands of users

    From a health and safety perspective i can certainly see where youre coming from, and others in here have provided good avenues for you to pursue (eg. productsafety.gov)

    • StingyJoe on 30/04/2021 - 06:49
      +4

      OP's claiming there is a 'psychological dimension' as well, probably where the compensation claim comes in. Although, unless you're Cinderella who probably never had a cut, not sure how this will stack up!

    • dny on 01/05/2021 - 22:23
      +1

      Maybe they could offer the OP a lifetime supply of bandaids on the condition that he returns them to the landlord for the next tenant when he moves out.

  • elgrande on 30/04/2021 - 06:32
    +7

    Soft tissue injury = no real personal injury claim.

  • Top G on 30/04/2021 - 06:37
    +3

    Also mental health issue/anxiety from permanent scar created by cut. The opportunities are endless my brother

    • edy4eva on 30/04/2021 - 09:23
      -8

      Your comment is not far off the mark, comedy aside

      • bmerigan on 01/05/2021 - 23:29
        +3

        If you're a foot model or something similar.

        • Kangal on 02/05/2021 - 10:50
          +1

          Lost wages for missed opportunity?

        • wheretobuychocettes on 02/05/2021 - 17:30
          +2

          Yes, someone must foot the bill.

  • pegaxs on 30/04/2021 - 07:56
    +46

    Yeah, lawyer up. Sue them into obscurity. Take everyone involved to the cleaners. I don’t know how anyone could live after being so horribly disfigured like those photos. They need to pay for the damage they have caused. Beauty contests, cancelled, modeling contracts, withdrawn, movie career over, piano virtuoso, shattered, brain surgeon aspirations, hopes dashed. Unable to go outside for fear of being bullied. Unable to stay inside for fear of being hurt again.

    Let me know how you go. In my job, I get bigger injuries than that on a daily basis and I want to start sueing car makers, hammer makers, spanner makers, my employer, everyone really, and I think your case will set a great precedent.

    • SF3 on 30/04/2021 - 09:12

      Beauty contests, cancelled, modeling contracts, withdrawn, movie career over, piano virtuoso, shattered, brain surgeon aspirations, hopes dashed.

      Hey, are you trying voice your internal desires through someone else ;)

      • pegaxs on 30/04/2021 - 09:42
        +1

        *sigh* I’m but a mere simple mechanic and desk jockey. My dreams of becoming a hand model were dashed years ago. Some days I am ashamed to leave my house for fear that people will be look at my hands. Alas, for I cannot remember a time where my hands were not covered in cuts, abrasions and scars…

        Know any good lawyers?

        • SF3 on 30/04/2021 - 09:50

          Know any good lawyers?

          Sorry, not for this… But Judge Judy may take it on.

          If it is about helping the collective, then lodge case/report as mentioned in my other comment re: productsafety.gov.

  • HeWhoKnows on 30/04/2021 - 08:29
    +4

    Firstly you are renting so not the legal owner of the appliances.

    Secondly minor cuts is not a case for taking legal action.
    Its easy to show you were not using the appliance properly or standing too close.

    Thirdly take it up with the landlord/agent.
    The owner is the one that can make a claim under warranty for manufacturing defect and get a replacement

  • trankillity on 30/04/2021 - 08:59
    +6

    If the dishwasher was properly installed, it should be fully recessed into the cavity which would make it very difficult to hurt yourself on. I would chase up your landlord about this first. Surprised about the microwave however. Those usually have quite smooth edges.

    • edy4eva on 30/04/2021 - 09:14
      -4

      I hear you. The sharp edges have nothing to do with the installation of the appliance. These are the edges of the stainless steel pieces that are part of the appliance hence why I am thinking of getting the manufacturer involved.

      Neither the landlord nor the agent should bear much responsibility here, they never lived here nor used the appliances. Also they had no choice because the developer who chose them, and still they wouldn’t know because they just got them and installed them.

      • Quantumcat on 30/04/2021 - 18:20
        +3

        Neither the landlord nor the agent should bear much responsibility here

        Well the manufacturer is not going to bear any responsibility either as you aren't the owner of it. You would have to sue the landlord who could sue the manufacturer (or their insurance would).

        Though given you have suffered no loss I can't see how you could be successful in court

      • trankillity on 01/05/2021 - 12:25
        +2

        You missed the point RE installation. A properly installed dishwasher will have no exposed edges as they will be recessed into the cavity. The only exposed part will be the front panel/handle. Hence, if you'r able to catch yourself on the dishwasher, it's not properly installed. Unless of course you caught yourself with the dishwasher door open - in which case, be less clumsy/more careful.

    • cuteseal on 30/04/2021 - 10:22

      The microwave pic looks like the back of the microwave, which you wouldn't be accessing on a daily basis?

      • edy4eva on 30/04/2021 - 10:34

        It’s not the back, it’s the edge of the door near the handle

  • Soundwave on 30/04/2021 - 09:06
    +27

    What would I do if I was you or your wife?

    Not breed.
    Wear a helmet.
    Put rubber/foam on everything or even electrical tape.

    FML!

  • Bob Svargis on 30/04/2021 - 09:08

    Welcome to OzLegalBargain, where you get to air your grievances and our dedicated team of specialists will provide free legal advice.

    • CalmLemons on 02/05/2021 - 21:01
      +1

      yes, advice from peole who are 'in the field', meaning they once walked through a doctors/lawyers office and now are medical experts.

      • diazepam on 02/05/2021 - 22:31

        PhD are doctors!

  • Fredfloresjr on 30/04/2021 - 09:12

    Request for a minimum of 2 bitcoins.

  • HelpMeiCantSee on 30/04/2021 - 09:26
    +6

    I hope you immediately applied a tourniquet to those injured limbs to stem the bleeding!

    • pegaxs on 30/04/2021 - 09:57
      +4

      OMG, that cut on the finger… I cant unsee that. Gruesome.

      • capslock janitor on 01/05/2021 - 18:04
        +1

        Funny given you replied to someone who can't see 🤣

  • JimmyF on 30/04/2021 - 09:28

    wife injured her ankle

    The cuts I can kinda get, but just HOW did the dishwasher or microwave cause your wife to injure her Ankle?

  • jv on 30/04/2021 - 09:34
    +7

    Personal Injury from Poorly Designed/Made Appliances

    I burnt myself using my waffle maker the other day.

    We need a national recall on all waffle makes.

    • Baysew on 30/04/2021 - 09:53

      May have over heated with all the posts you make.

      • SF3 on 30/04/2021 - 09:59

        Cause by the Object between the waffle maker and ground…

        • pegaxs on 30/04/2021 - 10:34
          +3

          We have a similar saying at work for idiots and their cars…

          “Yeah, it was a problem with the nut that connects the steering wheel to the drivers seat.” And other similar variations on this theme.

    • edy4eva on 30/04/2021 - 10:35
      -2

      Your waffle maker does not have any sharp edges does it?

      • jv on 30/04/2021 - 10:36

        No… You are correct… My bad…

        It's still on the topic of the title though…

    • miwahni on 01/05/2021 - 01:10
      +2

      I got a paper cut.

  • jv on 30/04/2021 - 09:37
    +4

    Just imagine your child getting a nasty cut that may result in a lifelong scar because they happen to pass by the dishwasher while the parent is loading/unloading the dishwasher.

    Just imagine your child getting a nasty cut that may result while the parent is preparing food with a sharp knife.

    Just imagine your child getting a nasty burn that may result while the parent is boiling some water on the stove.

    Lets get a national recall on all knives and saucepans !!!

    • Stewardo on 30/04/2021 - 09:55
      +4

      I think Rheem and Dux need to be held to account for all that dangerous hot water, we need a royal commission!

      • pegaxs on 30/04/2021 - 09:58
        +8

        I was going to go Reflex for making paper without safety edges…

    • edy4eva on 30/04/2021 - 10:38
      +2

      An appliance should not have sharp hazardous edges that could result in an injury from simply opening the door or your limb coming in contact with it. Knives are supposed to be sharp because that’s the purpose of the product is to cut.

      • jv on 30/04/2021 - 10:41
        +7

        result in an injury from simply opening the door

        You must be opening the door wrong then.

        Read the manual…

  • Niko123456 on 30/04/2021 - 09:51
    +1

    Appliances is interesting as a concept.

    If it was a pressure cooker that blew up in your face, or a deep-fryer that caught fire, or a fridge that tipped over when you opened the door etc..

    So there is something there.. but just don't know if it will be serious enough for you?

  • Third_Gear on 30/04/2021 - 10:02
    +6

    What case? There is no proof that those injuries were caused by those appliances. I can cut myself with a knife and take a picture of the wound next to anything and say that it was caused by that. Your claim has no basis other than an appliance may or may not have a sharp edge. Good luck.

    • edy4eva on 30/04/2021 - 12:21

      Sure. You are cordially invited ti come to my place to run your finger across the edges, not pressing, merely passing it over. The invitation is serious.

      • lunchbox99 on 01/05/2021 - 20:20
        +5

        Alright lads… whose coming over OP's place with me? I call dibs on rubbing my scrote on the sharp edge.

        • 42 on 01/05/2021 - 21:24

          It's bound to slice your lunchbox in half

        • iCandy on 02/05/2021 - 18:48

          Then you’ll be a girl

      • Miss B on 01/05/2021 - 22:14

        I'll bring my $18 gin, we can have a party.

        • lunchbox99 on 02/05/2021 - 09:34
          +3

          That will be good for sterilising those horrific deep cuts as seen in OPs second photo.

  • ihbh on 30/04/2021 - 10:04
    +3

    Do you have a file or even scourer? If so, help us to help you by removing the hazards yourself.

    • jv on 30/04/2021 - 10:39
      +2

      Do you have a file or even scourer?

      OP is a doctor.

      They rely on a nurse to hand them over so they don't cut themselves…

  • holdenmg on 30/04/2021 - 10:45
    +8

    OMG.

    Has anybody thought to ask about the Dishwasher or the Microwave in all this?

  • WT on 30/04/2021 - 10:59
    +5

    put tape on the corners, move on with your life

  • dizzle on 30/04/2021 - 11:07
    +4

    Really, what are you after?

    Compensation?
    You don't seem to have any medical expenses apart from probably some antiseptic and bandaids. That wouldn't be worth any further time to get back.
    I doubt you have any loss of income from this.
    I don't beleive there is any psychological scarring from such a small incident, and I'd be surprised if any logical person (like a judge) thought so either

    Product recall?
    A sample size of one complaint would not be enough to even consider a recall.
    If you contact the manufacturer and they have a number of complaints they may look into it.
    More likely they will likely send out a technician to check and maybe replace the doors.

    Find a solution?
    This is the most likely to happen Contact the Real Estate and tell them you think there is an issue with these items. If you have a child, talk about this being a danger to them and REA should inspect it more urgently.
    They will either replace the items or contact the manufacturer.
    To cover themselves, the will probably tell you not to use them until checked. This is probably the only area where you MAY get compensation on your rent. But I wouldn't expect much for not having a dishwasher to use.

    • lunchbox99 on 02/05/2021 - 09:35
      +1

      He has a boo boo on his fingy… so obviously he wants his mum to kiss it better and tell him it will be alright.

      • parsimonious one on 02/05/2021 - 09:49

        Nah he wants someone to pay him for his “psychological trauma”

      • Slo20 on 03/05/2021 - 06:08

        But you have to remember the band-aids with smiley faces and cartoon characters cost more than standard band-aids so the OPs out of pocket expenses are huge.

  • try2bhelpful on 30/04/2021 - 11:42
    +3

    You start by discussing this with the Real Estate Agent and pointing out the appliances in the place your are renting are dangerous. Ask to get them repaired, or removed.

    You are, unlikely, to get compensation for a simple cut from an appliance.

  • OzHunterNSW on 30/04/2021 - 12:09
    +5

    Get creative. Stop finding faults. Glue some buffer material upon the edges.

    Get your wife to move around the kitchen with more care

    • parsimonious one on 01/05/2021 - 13:35
      +10

      What?!

      You mean take some responsibility and proactively solve your own problem.

      Outrageous!!

  • ihbh on 30/04/2021 - 13:50

    Make sure you don't walk around your apartment in your birthday suit, or you could find something falling off.

  • [Deactivated] on 30/04/2021 - 14:24

    OP - do you think the dishwasher and microwave are poorly designed overall or that the two appliances that are in your apartment are defective?

  • Euphemistic on 30/04/2021 - 14:25
    +10

    Stop being a sook. You don’t need compensation for your injury, you just need to get the poor design recognised and rectified.

  • Ughhh on 30/04/2021 - 17:30
    +6

    So in the first week of tenancy, you wife cut injured herself from the dishwasher door, then some time later, you did the same thing?
    Following your wifes injury, you didn't inspect it or do anything to prevent it from happening again eg. putting foam/tape on sharp edges?
    First time it's the appliances fault, second time it's kinda your fault.

  • deme on 30/04/2021 - 23:00
    +1

    You rented from the landlord.
    So they are liable.

    As for if the appliance is safe. If you genuinely think the appliances are not safe write an email to them stating your injuries and why it's a hazard and demand they fix it.

    As for your injuries if the appliances are unsafe then the liability falls on the landlord.

    As to what compensation etc I dunno go seek legal advice. You'll need to know they were careless or negligence. Not checking a place before your rent it out seems careless to me.

    TL;DR you are wrong, the landlord is liable to you.
    As your compensation go see a lawyer.

  • DoctorCalculon on 01/05/2021 - 00:11
    +6

    There needs to be another poll option: This is an elaborate hoax / troll post.

  • dlakers3peat on 01/05/2021 - 13:32
    +3

    Are you for real?

  • aimpacc on 01/05/2021 - 13:40

    Bro just buy some sandpaper or put tape on it. Smh. Let's sue paper companies for giving paper cuts lmao.

  • Ononono on 01/05/2021 - 14:14
    +2

    What's the brand and model? If they are as dangerous as you claim then must be a long list of other victims too. If not, it might just be user error…

    • capslock janitor on 01/05/2021 - 18:06

      Would like to know the brand

    • edy4eva on 02/05/2021 - 01:31
      +1

      Both are smegs, current commercial models as well. Last house had a discontinued but recent model of the same dishwasher brand, no sharp edges.

      Have come across a few of those before since as early as 2001, none had sharp edges.

      • Euphemistic on 02/05/2021 - 08:50
        +1

        Ahh Smeg. 100% form over function and highly overrated.

        • Cliche Guevara on 04/05/2021 - 15:01
          +2

          I dunno about that, OP got a free set of knives with it…

  • Zondor on 01/05/2021 - 14:54
    +2

    God this forum is getting so toxic lately.

    • Blitzfx on 01/05/2021 - 17:08
      +8

      I'd say about 90% of the top-level comments are pretty shit replies

      Almost all these similarly themed threads are victim blaming.

      I remember the first time realizing this entire site was toxic was when people were blaming the victim for not being able to help their grandpa due to circumstances outside their control https://www.ozbargain.com.au/node/473877#comment-7559171

      Been like this for a while.

      Comments always focus on "you SHOULD have done this" or some kind of virtue signalling, like as if that remotely answers the question or even helps the current situation.

      • capslock janitor on 01/05/2021 - 18:08
        +4

        Someone negged you, so I balanced it.

        This forum is indeed a laughing stock with unnecessarily mean comments much more often.

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