Defending Wristwatch Personal Injury Claim - Product Liability

[des8]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

The policy holder can specify the amount of compensation he requires on a PA policy.
Admittedly most policies sold will list "standard" amounts, and most policy holders will go along with them as they are sold as group policies to organisations to cover their members.
The scope of cover, and the benefits provided vary between companies.
The level of benefits is not drawn up with any reference to the court guidelines (which are extremely wide) but with what the insurers feel the clients require and what will sell!
Those who look for a PA policy, read what is on offer, & then find the standard policies don't give the cover they require, approach Lloyd's brokers for tailor made policies.
Used to place them in another life

[orangegrass]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

From my research on wrist watches, i can see there is an ISO which we dont have, but this is not a requirement. There is also a UKAS for the metal content of the watch, but nothing regarding the glass.
The maunfacturer in China has a CE approval from a test company in China.
The wrist watch just has to be 'fit for purpose'
The claim amount is ridiculous
The way I see it the options I have are:

a) ask for more information
b) reject the claim
c) agree a settlement - i would hate to do this
d) get a solictor to defend it
e) defend it myself

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

In order,
b) reject the claim ,
a) ask for further information such as medical records, details of the day he lost at work (remember the injury happened at 2am early hours of Saturday, he is an apprentice electrician - how many of those work Sundays?)
e) defend it yourself if you feel able to (we'll help along the way)

Write back to the solicitors, explaining that you were made aware the watch broke following a fall down some steps in the early hours of Saturday, and that this resulted in the watch breaking not because of defective materials. Ask for all medical records relating to the injury, details/dates of any lost work and why the injury prevented him from working and why they consider you are liable for any loss/injury.

[Mineral1]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

In order,
b) reject the claim ,
a) ask for further information such as medical records, details of the day he lost at work (remember the injury happened at 2am early hours of Saturday, he is an apprentice electrician - how many of those work Sundays?)
e) defend it yourself if you feel able to (we'll help along the way)

Write back to the solicitors, explaining that you were made aware the watch broke following a fall down some steps in the early hours of Saturday, and that this resulted in the watch breaking not because of defective materials. Ask for all medical records relating to the injury, details/dates of any lost work and why the injury prevented him from working and why they consider you are liable for any loss/injury.

I agree... You need to deal with the claim firmly. Send the solicitor a recorded response. Ask them to put up the relevant medical records, lets face it, if they want to push their claim in court they are going to have to produce them for you anyway.

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Pre Action disclosure, that's the words I was looking for

[orangegrass]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Ok i have sent a response by email to them asking for a whole bunch of questions regarding the injury and the accident. Lets see what they come back with...