Injured at Officeworks. Advice?

Yesterday while printing photos at office works I sat down at one of the provided stools only to have all 4 legs splay out and leave me to fall from rather high onto my butt. Luckily there is no major damage done but I spent last night quite sore and today there is some bruising.

Luckily a paramedic was in the line up at the store and checked me over and no major problems were spotted but he was concerned as he watched me fall.

Staff response was great. They were very concerned and the manager took a report and offered to pay for my photos. I declined as it didn't feel right and I was not in a great head space after the fall.

After I fell we looked at the stool and it appeared the side supports were snapped off previously and the chair was in bad shape. I have seen the same chair for sale in their stores. My wife was previously on the chair holding my 8 week old son.

Later I realized that my new MacBook Air which was being used to send photos to the printer also fell. It copped a decent dent and the keyboard is little busted.

I'm not too concerned about the MacBook, but the quality of the chairs is a worry. I have similar office works chairs in my own retail store and I have had them replaced multiple times due to them coming loose at the base. Officeworks have always been ok about replacing them under warranty. But at the end of the day they sell a substandard product that might be putting my customers at risk? And my liability insurance, especially if I know they are not up to standard? Karma kicks in?

I'd love some advice here. I hate the idea of asking for compensation or legal action and I would hate for something similar to come back to me in my own shop. However it has been niggling at me and some fresh takes on the situation would be appreciated.

Related Stores

Officeworks
Officeworks

Comments

  • +3

    Send them an email then forget it. Litigation is costly and unless you have major issues or costs not worth the effort.

  • +1

    It would be relatively easy to take legal action for compensation and Officeworks would be fully aware of that. Perhaps you could negotiate for them to replace your chairs with a better quality model instead?

  • +1

    I hate the idea of asking for compensation or legal action

    Yeah, I don't think this would get very far because you'll end up spending more in legal fees than whatever amount you could hope to get back and it would be a massive hassle to be able to prove that the chairs they sell actually do have a problem.

    I think the best option for you is to get the chairs replaced with a newer model or one that doesn't have the fault which you describe. I'm quite sure that if something is repeatedly replaced under warranty you can choose to get your money back instead. Maybe that's an option, just get money back and buy other chairs.

    But yeah, I would definitely not think about any sort of legal action in this case just because I don't think you'd get very far unless you had deep pockets and were willing to invest the time just for the principle.

  • +1

    Hi

    the majority are correct. Unfortunately in nsw the civil liabilities act has made it very hard to claim adequate compensation if you are injured at a public place.. similar laws apply for a retail store.

    you would need to have sustained an injury resulting in more than 10% whole person impairment to make it worthwhile.

    Then they would need to either admit liability or be deemed liable..notwithstanding any argument for contributory negligence..

    this is not an easy threshold to get past nowdays.

    it would take years of regular assessments by both your sides medicos and the insurers.

    Also

    Be prepared to be video taped in secret..

    And just when you think its over and you are lucky enough to get any compo they will appeal..

    Next consider legal costs will be about 1/4 of anything you get.

    so basically I would suggest you write to them bringing their attention to the chair issue..so they are on notice.

    Mention your laptop if you want..

    but dont expect much in the way of any admissions of responsibility..

    cheers

    Pookie

    • 'the majority are correct. Unfortunately in nsw the civil liabilities act has made it very hard to claim adequate compensation if you are injured at a public place.. similar laws apply for a retail store.'

      What section of the CLA specifically makes it difficult to claim compensation for someone injured in a private business? The law is pretty clear, duty of care from an occupier to entrant is well established. They've obviously breached their duty by putting a dangerous chair on the sales floor.

      'Then they would need to either admit liability or be deemed liable..notwithstanding any argument for contributory negligence.'

      Contributory negligence for sitting on a chair? I don't think so…

      OP it's probably not worth going to court over considering your loss is very minimal. But is worth sending them an email with all the information about what happened, particularly with the damage to your laptop. I would specifically mention the cost of the repair.

      Regarding the 'similar' chairs that you own, that has nothing to do with it basically. If they break, get a refund. If they break and someone gets seriously injured (and it's not because of your negligence), then you've got a lawsuit on your hands.

  • +2

    check with the your friendlyy Slater and Gordon

    • Exactly. No win, no fee. They live for this kind of accident! :)

      • +2

        Yeah but if you do win they charge you to the paper clip.

        • +1

          Which brings me back to my original comment about why you should just ask them to replace the chairs for you instead.

        • +1

          AND if their fees are greater than the payout you might win you'll be out of pocket also.

    • +1

      the only winner is the lawyers who take a big % of your winnings

      • Actually damages-based contingency payments are banned in Australia.

  • Thanks guys. I am in Qld and I have the best chairs they sell. Going to sleep on it for a few days.

    • +4

      Aren't you worried it might fall apart under you? I highly recommend a good bed instead. Way more comfortable too.

  • +3

    Btw.."no win no fees" refers to the fact that they will not charge you professional fees only.

    You still can get slugged with costs (the other parties legal fees)..disbursements..and medico - legal reports and assessments. .

    Cheers

    Pookie

  • +2

    From the sounds of it you're looking more at product safety rather than actual monetary compensation to yourself. If that's the case you're best first step would be to talk to the ACCC http://www.accc.gov.au/business/treating-customers-fairly/pr…

    I can understand your concern considering it could have been your wife and 8 week old son in that chair instead of yourself, makes you grateful it was only a macbook with a dent in it.

    I'd also consider coughing up for some better quality chairs for your business.

    It wouldn't hurt to also document your injuries.

    At the end of the day if you're just after a civil suit for yourself it's not worth it the vulture lawyers will end up with most of the spoils of any lawsuit, however if you are genuinely concerned about the safety of those chairs then I would consider basically writing a letter to Officeworks management stating what happened (times/dates etc) and what your concerns are. Also send the same letter (or phone etc) the ACCC and possibly even a consumer affairs show (yes I'm talking Today Tonight etc)

  • +1

    You've explained your concerns pretty well for us to understand. I would recommend that you write an email/letter (copying in more than one level of management to make sure it doesn't just get canned by an idiot) explaining your concerns for their business and yours. Be sure to state what you would like to happen and why.

    When I fell badly and broke my arm in a shopping centre (thanks to an invisible hazard - I slipped and fell forward heavily), the thing that upset me the most was that I had been carrying my baby just a few moments beforehand - the thoughts of what may have happened had I been still holding her upset me greatly.

  • +3

    If you do get a payout from Officeworks, just bear in mind that due to their price match policy the compo will be reduced by 5%.

  • +3

    Get your GP or Physio to check you over so you have a medical record of the incident.
    A future incident may compound this incident to which you may need to make a claim.
    Write down the name of the OW employee who made an incident report so it can be found in the future if need be.

    Replace YOUR retail chairs immediately so none of your clients/customers experience same (especially since you've replaced them previously) with something more substantial from another supplier (Ikea ?)
    or this great find from my earlier post if you're in Brisbane:
    http://www.gumtree.com.au/s-ad/inala/chairs/chair-for-sale/1…

    "Sleeping on it for a few days" may be deemed negligent.

    Claim a new laptop on your insurance - belongings in transit. (You'll probably need a new one sooner or later anyway. Cheap upgrade even with an excess to pay.)

    Good luck to you and your family.

  • +3

    I had an accident at Liquorland years ago, just a bad bruise on back of leg where I backed into a sharp forklift prong.
    Hurt like blazes and left a deep bruise, I thought no big deal. Wish I had reported it and documented it, it left a deep scar that has has messed up my circulation.

    Moral is, any accident should be reported. Especially in a workplace.

    If nothing else Officeworks should classify this as a 'near miss' which needs action taken to avoid repeat and a more serious incident.

  • Not meaning to sound rude, but would your weight have been a factor in the chair breaking?

    Most of these chair are weight rated and if a lot of large people have been using them you just got lucky and were the one to fall.

    I would contact Officeworks head office and explain this to them and ask if they maintain the chairs. If you get nowhere then complain to the appropriate body about the quality of the product.

    • I was going to suggest its a weight problem too. Not necessarily the op's weight but op did say the chair wasn't in good shape with Side supports previously snapped off.

      If your chairs are in otherwise good shape, no need to replace them. I suspect the officeworks chair was sat on by someone weighty.

  • Go to the GP immediately and report the whole thing in case of probs down the track - no GP visit no claim. You may have hidden injuries, these things can show up later. What you do after the GP visit and it is thereby recorded, is up to you.

    The same thing applies w' even a little car accident. Get it recorded.

  • Ha! Funny, i was at OfficeWorks yesterday and had someone fall back off a chair, stumbling back into me. I held them up. He got all flustered and angry at staff.

    If it's not your fault and you are injured, clearly Officeworks wasn't looking out for their customers. It would be totally free to contact pretty much all compensation lawyers. First one that comes to mind is PK Simpson.

    Seriously, if you are still injured you should contact a lawyer. Its called occupiers liability and businesses have a duty of care in relation to your safety. Thats them below and a page all about your injury….i've actually learnt quite a lot just being here!

    http://www.pksimpson.com.au/compensation/public-occupiers-li…

  • Before you do get all lawyered up and stuff, speak to the store manager and try to settle it nicely, don't act like one of those people who think everyone is out to get them. Express your concern about their product, perhaps they'll happily replace your model and get HQ to investigate the product.

  • personal injury lawyers (for the most part) are the scum of the earth. parasites feeding off the misery of human suffering. -someone close to me had a personal injury claim and the only winner was the law firm. they made damn sure they had their money.

  • This is a while ago, but

    j5ive can you tell me how the legs on the chair that collapsed were attached?
    gillkell

  • Welded from memory.

  • Thanks - I had the same accident as you - sat down to print photos - but I did injure myself - needing my coccyx to be removed. Interesting to note that style of chair has been removed, but the store will argue the toss about their liability!!!!

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