AmazonAU Poor Packaged Product Injury

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.

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closed Comments

  • +5

    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.

    • +5

      Two thumbs up. (or maybe not).

    • Yes, been meaning to, just a busy time of year. Thanks.

  • +7

    If it was just a jar in a zip lock bag, in a box, how exactly did you not see it was broken? Also, amazon couldn't give two shits about losing $3k.

    • +1

      You're probably right…

      The break was obscured by the Tahini which coated the inside of the plastic bag, which in turn was curved, resembling the glass.

  • i'm not a lawyer, just a random person on a bargain website reading a topic but…

    go find a lawyer if you are concerned

    Interestingly, you have discuss and was provided compensation, have you used the gift card? did you respond to there email? that might be an acceptance of compensation. Dunno, not a lawyer but i'm sure if you want to blow it up, you could go to court and argue for some more $$, which after lawyer fees means u lose

    also you will need to get a lawyer to look at the email, it might be structured that if you dont respond and use the money, you wave the right to sue or get more damages. Sure this is a stand issue with amazon which their legal department has considered before

  • +34

    If you're not here to help, just jog on. I'm looking for positive comments only.

    You don't get to dictate terms in a public forum. If you don't like certain replies, jog on

    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

    So you just reached in without looking, what were your eyeballs looking at that time? Damaged product, especially glass would have been discernible to a reasonable person when they handled the outer packaging - from visual inspection, the noise itself, and liquid sloshing around, when its in a ziplock bag.

    The doctor told me, one millimetre lower and I would have lost the use of that finger

    suuuure

    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?

    there it is, the aspiration of a greedy Karen

    • You don't get to dictate terms in a public forum. If you don't like certain replies, jog on

      Oooh, oooooowwwwhhhhh, shots fired.

      But, if he was the forum owner(or moderator as they can delete or censor posts at will…), he could decree such a term for his post, since you know…he owns the place and all…

      • -3

        Calm down, hun.

    • I had a similar event (a glass bottled exploded in my hand). I'd believe you could easily lose use of that finger, though a plastic surgeon might be able to fix it.

  • +3

    yes its amazon fault for the packaging, but if you noticed the broken glass, why'd you still grab it with your bare hands?

    • If I noticed the broken glass?

      • surely you can see through zip lock plastic bags?

        • Surely I can also see through tahini?

          • @DisabledUser260601: What about hear the broken glass?

          • +1

            @DisabledUser260601: So if the box was so much bigger, when you picked it up, could you not feel them moving around inside?

            • +2

              @Agarwal: That's a clever question you may not receive a response

            • @Agarwal: The package was opened exactly where it was left (waist height on a boxed oven I bought that I haven't unpacked yet) as I don't bring boxes in the house due to Covid. Next question, geniuses.

  • +2

    Sounds like you may want to contact a legal firm to get an understanding of where you stand.
    In general you would only be awarded for damages and not 'near miss' unless it counts as trauma.

    If you want to taken seriously by Amazon you will need to get proper legal advice.

    • Cheers.

  • +3

    The doctor told me, one millimetre lower and I would have lost the use of that finger

    If this is true and you are seeking large monetary compensation, get a written declaration from the doctor and send it to Amazon with letter of demand. But even with this certificate, it's your words that this injury was caused by Amazon so be ready for your case to be thrown out of the court.

    • -1

      Okay, I'll get ready.

    • +1

      Don't think you stand a chance claiming for what "might have happened"
      Interesting they have offered compensation. Did the email actually admit liability for the injury, or was it offered simply a goodwill gesture for the inconvenience of the damaged goods?

      • Good question. Yes, there were multiple admissions of liability.

  • +16

    What's your question here? Seriously?

    It sounds very much like you're just keen to exploit this for financial gain.

    Amazon didn't go out of their way to ruin your life. Just take then $300 and drop it. Don't be that guy.

    • -6

      No, they didn't go out of their way, just like lots of incidents that result in injuries.

  • +17

    You're an artist alright….just not sure it is of the illustrative or writing type

    • A tahini artist?

  • I think you can probably push for 500 on your own. But if you want amazon to take you seriously, then you'll need to get a lawyer to advise you. Best case scenario, they write a letter and you get a higher compensation.

    But they may challenge your injury, which means you'd need to get report from the hospital,etcetc to substantiate your claim. Depending on who you engage, they may ask you pay as they go. I doubt a lawyer will take you up on a no win no fee basis, it's just not worth their time.

    This means you'll be paying as you go through the motion.

    Then you have to understand if you have any lasting issues moving forward. A potential for not working ever again is different to actually not working again.

    What I'm confused about is, you've seen the broken glasses. Not withstanding the fact that brokened jar glasses can be sharp, wearing gloves to clean it would've protected you. Im only mentioning this because if you do go ahead, then Amazon's legal department may use this.

    Good luck

    • -2

      Thanks. I rightly assumed that the contents were protected. As I mentioned above, the plastic bag looked like the jar itself.

    • "What I'm confused about is, you've seen the broken glass…".

      Confusion seems to be a popular affliction these days.

      • +1

        For someone who didn't want any sassy or witty comments from users, you seem to be dishing them out quite heavily to everyone else.

        • Op is a writer. Quick witty replies is their wheelhouse.

  • +4

    As mentioned above, go see a lawyer.

    The additional information you've got under Interesting tidbit and I feel the need to mention… sections have no relevance to the incident. The law doesn't care when your cat died. If anything at all, it could show that you may not have been in an appropriate state of mind and perhaps not acting in a manner that can reasonably be expected when you stuck your hand in that box without looking.

    • -5

      I said my cat died on Monday. I also stated I placed two orders. I mean, being presumptuous is one thing, but you really are quite dumb.

      • +8

        …but you really are quite dumb.

        …says the one who stuck their hand into a box of broken glass without looking!

        • Bona fide.

  • +9

    I see 4 billion dollars compensation in here. Can you link that jar and will buy one.

  • +12

    This is trolling, right? How are none of the other commenters aware that this guy is trolling?

    • Maybe they have worked in a complaints department and they know there is a strong chance this is not a troll?

  • +4

    I think take what they've offered you, i have a feeling engaging a lawyer will end up costing more or a big portion of what you receive, tbh suprised you were actually offered $300. Unfortunately we're not like America where you can expect big payouts from companies. As it is a visual scar and not permanent nerve damage, you won't be able to recover much from this.

    Knowing that you saw that the glass was broken and reaching into it through a see-through bag unfortunately would be used as leverage by their lawyers.

    Although poor performance by Amazon, this was quite negligent on their behalf.

    • Thanks, but I obviously did not see the break. Also, different people have different ideas about this. Which one should I follow?

      • Depends how much money you feel entitled to/happy to burn on lawyers.

        Honestly, no permanent nerve damage and minor scarring isn't going to get very far.

        • Appreciate the opinion.

  • +7

    Stick your head in first, next time… And go 1mm lower.

    • -6

      You'll get what's coming to you.

      • +2

        ooooooooooooooooooohhhhhh……

      • +7

        So will you. Sue Amazon. LOL

        $3k is literally a rounding error to just their Australian operations.

        Your lawyer will cost you more than $300 in the first HOUR.

        Amazon won't respond to the letter they write and then what? What will you do? $500 each letter?

        If this farce ended up on court, Amazon would just argue the package was in perfect condition when it left their warehouse.

        Will you then attempt to sue Australia Post?

        Take the $300, which is a ludicrous amount given the scenario. Take some responsibility for yourself. The world owes you nothing.

        If you don't like my comment, then just Jog on!

        • I could do with a jog. I hope you didn't get too emotionally invested.

  • I think the most reasonable would be to ask for the following compensation:

    1. If you are unable to work because of the injury then (number of days off work X average daily earnings in the past month)
    2. Cosmetic surgery to get rid of the scar at a future date
    3. New jar of Tahini
    • +2

      New jar of Tahini

      And then when it arrives, ask for a repeat of the compensation process above? ^_^

    • Good points. Thanks.

  • +10

    Move on princess.
    Half your post is rambling on about nonsense.
    A made up chance of permanent injury that never occurred and some weird unrelated story about your cat.

    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

    lol. How old are you? It's a public forum. Do you tell mummy and daddy if someone upsets you? Is this how you would start a conversation in real life?

    • -1

      You sound like a sociopath.

  • Unless you took photos of the damaged goods and poor packaging as well as the cut right after the incident, I'd say your not going to stand much chance even with a lawyer, as Amazon will ask for photo evidence if you widh to claim big

    • Done and done.

  • +2

    $1500-3000 they'll remember for a while. You follow?

    Sure, they are definitely going to remember the $3000 they paid you (If you get to that point that is…which is extremely unlikely)
    All this drama while Jeff makes $23.2B in one day and Amazon is going to be in a world of pain with your $3K right?

    So what do you think? Just move on princess……or get a cat!

    • -2

      I bet most of your friends secretly can't stand you.

  • +3

    Crying about nearly did this/nearly lost that is pointless because it is an entirely theoretical scenario. No one is going to compensate you for an imagined loss that never occurred. Be happy that Amazon has offered you what they have.

    I'm sure many lawyers would be glad to take your money though. Maybe you could try suing the delivery guy as well because he might have driven too fast over some speed bumps or something.

    I feel the need to mention…

    You can't control what people say on a public forum. Talk to your family and friends instead if you only want to hear from people that love and support you.

    • I don't think you have fully considered the legalities of liability and responsibility. I'm certain there is a law which states that goods should be properly packaged. This is a first-world country with standards of operation in business that can be legally tested.

      Also, I'm open to ideas that go against what I believe, as I've proven. My statement was more a request for decency.

      I should have known better. :)

      • +2

        I did consider it. They might be responsible for you getting a cut on your finger (if you can identify the law and then prove it). They definitely aren't responsible for an imagined loss of ability to write and draw that didn't occur.

  • Are you 100% sure it was Amazon Packaging?

    Last year I experienced an instance of a package being repacked either by the courier or Australia Post. I presume to save space while in transit?

    More recently, I had a slab of coke delivered without any packaging at all! Typically, I would have expected a large box with the large airbubble packs with the Amazon packaging tape.

    Both purchases were fulfiled my Amazon.

    • Hmmm… interesting question. Yes. And, a slab of coke with no packaging? That's pretty lazy. Standards are just not what they used to be.

      • The point is that it's not typical Amazon packaging. It would have left Amazon distribution in its proper packaging.

        The box would have then been opened by the courier and its contents removed to save space in the delivery van.

        • What don't you understand about "Yes".

  • +1

    What is your actual loss? Not your vibe about punishment, your potential loss if the injury was different, or your wanting to dissuade them from doing it again.

    What expenses have you incurred? Did you pay for the medical treatment itself? How much $$.
    Did you miss time off work recovering? How many days.
    Did you have to buy medication? Find your receipts.
    Will you need further treatment? That might cost money.

    If you want compensation, you need to specify what your loss is.

  • +3

    If you want to come to the real world Amazon lawyers will blow your tin pot ones out of the water .
    So on that basic I would take highest offer without lawyer involvement .
    With lawyer involvement I'd bet the only winner would be them , but hey they need some $$$$$ during these times :)

    • As long as you're sure…

  • +2

    problem was u didnt go to hospital in a ambo
    i'm sure a compensation lawyer would have chased u into ER!

    Lionel Hutz! best lawyer in the land, go find his number

    • Last I heard he only deals with celebrity chihuahuas.

  • I assume the ED cost was $0

    and you've got full use of your fingers & hand

    and you have a scar

    I'm not sure what the issue is.

    Personally, I would want Amazon to investigate the root cause of the incident and address the suppliers poor packaging.

    I have scars all over my hands from manual labour and some of them are quite in demand.

    • The issue is they have a legal obligation to ensure their customers are not injured.

  • +2

    If you're not here to help, just jog on. I'm looking for positive comments only.

    Did you not realise this is Ozbargain?

    • -2

      Oh, it doesn't matter what website it is. This is 2020. Practically every single thread you read has evidence of a fundamental breakdown of social etiquette. And it's getting worse.

  • Slippery slope I say !

    • Nah… not really. It's cut and dried.

      • hows the finger now OP?

        • As expected.

  • Let this be a lesson to all. If you order glass to be delivered then treat it like a dangerous package.

    If you need your fingers to make a living wear some thick rubber gloves as protection.

  • I think you need to look at the bigger picture, you need to seek compensation via:

    a) Sue the bottle company for making it glass instead of plastic, otherwise you wouldn't have cut your finger.

    b) Sue Tahini for making it such a colour that you can't see through the broken glass.

    c) Sue Australian Post for not carrying the parcel properly.

    d) Sue Amazon for not packaging it properly and delivering the goods as described.

    e) Sue God for not reinforcing your hand so that it is cut-proof.

    May want to add in the zip-lock bag company as well for making it flimsy ….

    Anyone I miss ?

    • The LNP

    • I'm sure you're tiny sarcastic mind missed plenty. Your task is to spend the next few days considering what you missed. Think of every possible scenario.

      • I bet if you lose your finger as a writer it wouldn't make any differences since you can't spell anyway. Could be a blessing instead.

  • FYI The current rate for a lost digit as far as workcover is concerned is $10k.

    Wonder how much the rate is for nearly loosing one is?

    • Amputation of the thumb is rated 15 to 28 on the ISV SCALE, with a corresponding compensation range of $25,150 to $57,280 whereas a single finger amputation is rated 5 to 20 with a corresponding compensation range of $6,950 to $36,250.

      I'm guessing $6950 is for a pinky.

  • Well, this was fun. A nice distraction, actually.

  • Obvious troll post even look at Op username

  • This person won a lawsuit to the sum of $151k for slipping on a grape. Then they lost it on the appeal. They also had the pleasure of paying appellant’s costs.

    https://www.kottgunn.com.au/updates/insurance-and-risk/super...

    McQuillan was ordered to pay Woolworths’ trial and appeal costs.

    Take the gift card.

  • The OP has disabled their account, comments are now closed.

    Thanks

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