bimmerpost/
BMW M2 and 2-Series Coupe
BMW Garage BMW Meets Register Today's Posts
home
BIMMERPOST Universal Forums Off-Topic Discussions Board

Post Reply
 
Thread Tools Search this Thread
      07-05-2011, 04:42 AM   #23
lux.sh
missing two turbos.
lux.sh's Avatar
United_States
614
Rep
4,859
Posts

Drives: fast around corners.
Join Date: Sep 2005
Location: Curves

iTrader: (12)

Garage List
Quote:
Originally Posted by Comet View Post
one second you're saying it is a scratch and the next you're telling us how it won't heal.. that would make it a scar, am I right?

there is a HUGE difference
post pic of scar/scratch
Will ask him if I could take a pic and post.

Technically, all wounds/scars/scratches heal through remodeling phase of the skin cells. Its just the matter of how the surface turns out at the end. It is more like a scar if you are more comfortable with that term. It could leave a mark on his skin. Again, I'll try to post pics as long as he is cool with it.
__________________
06 AW E90 330i ZPP/ZSP/Step/Expired Warranty

: Prior Design Front : ACS Rear : ACS Roof : BlackLines : Simota Intake : Carbon Fiber Interior Trim :
: MTEC V3 : 24% Charcoal : V1 Hardwired : Solaris Invisibulbs/LED interior :
Appreciate 0
      07-05-2011, 05:34 AM   #24
radix
you know he kills little girls like you
radix's Avatar
No_Country
398
Rep
892
Posts

Drives: -
Join Date: Feb 2008
Location: -

iTrader: (0)

I'll throw my $0.02 in. Your friend had a sign fall on him and sustained what sounds like a minor injury due to some negligence on the part of Target. Target was in the wrong, somebody screwed the pooch, I don't think anyone is going to argue that. However, the consequences of their screw up were minor, thus subsequently so should be the repercussions of their screw up. I do believe that you friend should be entitled to some minor recompense commensurate with his minor injury.

If you put a gun to my head and ask me for a dollar figure it would be in the $2000-$3000 dollar range and no more.

Succinctly, the punishment should compensate for the malfeasance, but not overly so. It would probably be best to simply ask the Target representative "How are we going to make this right?" and see what they say.

In short, do the right thing and don't be greedy. Your friend shouldn't feel like he got screwed over, but he shouldn't feel like he made out like a bandit either.
Appreciate 0
      07-05-2011, 06:33 AM   #25
Hedges
Major General
Hedges's Avatar
122
Rep
5,176
Posts

Drives: 12 C63 AMG
Join Date: Jul 2008
Location: Toronto

iTrader: (8)

lol sueing for compensations....
__________________
Appreciate 0
      07-05-2011, 08:18 AM   #26
hks786
Major General
United Kingdom
2276
Rep
5,364
Posts

Drives: *
Join Date: Mar 2006
Location: UK

iTrader: (0)

+1 on "don't be greedy". I think people are so quick to think of how to make money out of a situation. What happened to a simple apology and maybe some free vouchers?
__________________
Appreciate 0
      07-05-2011, 08:25 AM   #27
gonzo
Lieutenant General
gonzo's Avatar
United_States
10318
Rep
14,445
Posts

Drives: as many as possible
Join Date: Jan 2007
Location: TeXXXas

iTrader: (0)

.
Attached Images
 
__________________
Crazy Diamond
Appreciate 0
      07-05-2011, 08:40 AM   #28
Freakazoid
Captain
Freakazoid's Avatar
188
Rep
962
Posts

Drives: Saturn Redline
Join Date: Dec 2009
Location: Pittsburgh

iTrader: (0)

just take a picture of the scratch itself and not his face.

I'm on the fence currently depending on how bad it is.
Appreciate 0
      07-05-2011, 08:41 AM   #29
Freakazoid
Captain
Freakazoid's Avatar
188
Rep
962
Posts

Drives: Saturn Redline
Join Date: Dec 2009
Location: Pittsburgh

iTrader: (0)

Quote:
Originally Posted by radix View Post
I'll throw my $0.02 in. Your friend had a sign fall on him and sustained what sounds like a minor injury due to some negligence on the part of Target. Target was in the wrong, somebody screwed the pooch, I don't think anyone is going to argue that. However, the consequences of their screw up were minor, thus subsequently so should be the repercussions of their screw up. I do believe that you friend should be entitled to some minor recompense commensurate with his minor injury.

If you put a gun to my head and ask me for a dollar figure it would be in the $2000-$3000 dollar range and no more.

Succinctly, the punishment should compensate for the malfeasance, but not overly so. It would probably be best to simply ask the Target representative "How are we going to make this right?" and see what they say.

In short, do the right thing and don't be greedy. Your friend shouldn't feel like he got screwed over, but he shouldn't feel like he made out like a bandit either.
perfect response radix, nicely put
Appreciate 0
      07-05-2011, 09:03 AM   #30
Gregxi
First Lieutenant
Gregxi's Avatar
United_States
70
Rep
338
Posts

Drives: 2014 535xi
Join Date: Feb 2011
Location: MD

iTrader: (0)

This happened to guy I worked with back in the mid 90's. He was walking through a Hechingers ( It was a home depot type store in the Mid Atlantic states) He had a case box of lightbulbs fall from a forklift onto his head.

He had a pretty nasty cut on his face and claimed he had neck pain, Hechingers offered him somewhere around 1500. to 2 grand to walk away and settle. He lawyered up, the lawyer sent him to multiple Drs. and specialists.
He was convinced he was getting a six figure settlement. He had long since healed when they finally settled about a year later. he was given $2100.00 and his attorney took 1/3 of that.

I would think that Target has some type of payout schedule to avoid court as this probably happens once a day around the country, As long as he heals and has no lasting effects he should just take the couple grand they offer him and go on with life.
Appreciate 0
      07-05-2011, 09:40 AM   #31
Comet
Troll Harder
Comet's Avatar
Lebanon
403
Rep
596
Posts

Drives: 997 GT3, 997 4 GTS, X6M
Join Date: May 2007
Location: Montreal, Beirut

iTrader: (0)

Garage List
whatever they offer him will be good
it isn't like it was negligence or on purpose.. it was an accident.. shit happens
Don't be a dick or karma will get you.. They are people too, you know.
lawyering up is the dumbest thing.. it is in their best interest and yours that everyone walk away happy
__________________
Appreciate 0
      07-05-2011, 09:58 AM   #32
jpsum
Major
jpsum's Avatar
United_States
286
Rep
1,088
Posts

Drives: 2010 TSX
Join Date: Dec 2008
Location: New Haven area

iTrader: (4)

Quote:
Originally Posted by batchelorc View Post
An accident is not an excuse to cash in. Especially if you friend just got scratched. I imagine Target will apologize and give him something. Sue happy people are one of the problems with America.
+1. Freaking hate people who sue for everything. Its a scratch for god sake.
Appreciate 0
      07-05-2011, 10:08 AM   #33
Augenbrauezug
Captain
Augenbrauezug's Avatar
69
Rep
658
Posts

Drives: mk6 GTI
Join Date: Oct 2010
Location: Denton

iTrader: (1)

Quote:
Originally Posted by lux.sh View Post
Maybe I should post a picture of his face right now. I think I understated a bit since I didn't want to exaggerate anything. (I'm telling him what I read in this board, so I trust you guys a bit with this). I know asking for an accurate information in a car forum off-topic section isn't the smartest thing to do, but I've seen many accurate and professional opinions / facts in this board that actually helps out, so I'm trying to get some good sense of what educated BMW owners think. According to labor econ theories, financially above average individuals (whether parents or kids) tend to have more education, make more rational choices, and in general are more refined human being, statistically speaking. I assume I will gain some good information here.

Serious side:
If I had such big sign fell on me at a local store and my face looked like that, I would've been very very serious regarding this issue. I assume most people in here would go furious like me. It is a one nasty thick (not deep) and long scratch, that you don't want to see on your face ever. In epithelialization process, he has pretty much one thick purple/pink/red line going across half of his face. It will LONG time to heal (including enough time for remodeling phase of the skin), and nobody knows if the scratch will be completely gone off his face afterwards. It is pretty much effecting his whole life disrupting social, school, and work life. I feel real bad for him, and not to be harsh but honestly, I really prefer not looking at his face for a long time. It is Target's fault @ 100.1%, there was absoutely no "caution" sign or anything near. It just dropped on his face. It was a sign attached to the ceiling of the building if I heard him correctly. If target can't get his skin back to his originals, then target should at least give him good amount of resource to compensate for the misery he goes through.


Brighter side:
Shit happens in life, and that scratch will probably heal. Maybe it won't be as clean as before, but stuff like this happens and you just gotta take it. Forget trying to get money out of anyone. This could be the next stupidest court battle after the McDonald's coffee incident. Since they said they will pay for hospital fees, just go get your skin cleaned up, avoid further infection, let them pay for it, and get over it.



-I truly understand the both sides, but life is about maximizing what you have. I know I sound too much like an economist (can't really escape from my profession after all), but it is fact of life. If there is a more than 50% chance that he could possibly gain more than what Target is offering currently(pay 100% of hospital bills), why not take the chance? What are you thoughts on this?
The McDonalds incident involved an elderly lady with 3rd degree burns, not to mention they have been sued several times, in excess of $100,000 and had to pay out for scalding coffee.

They already said they'd pay medical, what more does he want?
__________________
Bimmer-less ATM
Quote:
Originally Posted by JayKay335i View Post
Straight PIITB. Then eat dumplings.
Appreciate 0
      07-05-2011, 10:26 AM   #34
MisterSkiMask
Banned
149
Rep
2,014
Posts

Drives: I Can not say
Join Date: Nov 2005
Location: you must not know

iTrader: (0)

Quote:
Originally Posted by lopealle View Post
If your friend is fine why bother. If Target is willing to give him some then take it, but I wouldnt go all out and get a lwayer or anything. I doubt he will suffer from PTSD in Target. I say let it go and move on shit happens.
+1

This country is full of whiney bitches looking for a pay day because they had an accident.
Appreciate 0
      07-05-2011, 12:14 PM   #35
Bobble
Major
Bobble's Avatar
No_Country
56
Rep
1,232
Posts

Drives: Whatever POS the wife leaves
Join Date: Oct 2008
Location: SoCal

iTrader: (1)

Wow I love how it is ruining his life socially etc.. Who put those words in someones mouth? Sounds kinda staged to me.
Target will make it right by medical bills, don't expect much and if you do push too hard I'd be willing to bet they subrogate the case and force you to litigate it. My son when he was 9 years old got hit by a door in a mall that swung outwards, the mall employee did not understand English enough to read the sign thoroughly and just shoved it open with his foot(first week on the job). My son was actually knocked out for a brief moment (there were some firemen inspecting the mall and saw the whole thing and treated him). All said and done they paid the medical bills and offered counseling sessions for him but the only thing they gave us/him outside of medical bills was a $100 gift card, which he blew threw in about 5 minutes at a game store. His life was not ruined nor did anyone sue anybody just an accident. Too damn many people sue or threaten to, to make a quick buck.
Appreciate 0
      07-05-2011, 12:39 PM   #36
Precision
Private First Class
370
Rep
190
Posts

Drives: 2002 BMW 330CI
Join Date: Mar 2011
Location: New England

iTrader: (0)

In my unprofessional opinion I would be a good friend and go to the drug store and get some saline solution. Bring it to your friend and tell him to apply it to his vagina, rinse it out and stop being a pussy. Sure it hurt, scratches tend to do that. One of the reasons this country has become more F'd up is because there's always someone looking to bone someone over something stupid. Remember, there's a lot of people out there like that so keep in mind if something dumb like that happened and it was his fault how would he feel?

Example of when to bother:

1. A target delivery driver is doing 50mph in a parking lot and plows into your parked car with you in it
2. You find a staple in your Mac and cheese (happened to my mom at KFC, you know what she did? She saw it and asked for a new one)
3. Life, limb or eye sight

Example of when not to bother:

See Original Post
__________________
Thirty Past Three
Appreciate 0
      07-05-2011, 12:48 PM   #37
syl2us
Second Lieutenant
syl2us's Avatar
United_States
29
Rep
262
Posts

Drives: 2006 325i
Join Date: Jan 2009
Location: SoCal

iTrader: (2)

Quote:
Originally Posted by Gregxi View Post
I would think that Target has some type of payout schedule to avoid court as this probably happens once a day around the country, As long as he heals and has no lasting effects he should just take the couple grand they offer him and go on with life.
Once a day?! are you kidding? Maybe small shit like someone slipping, but not out of the ordinary things like signs falling. Either way more than enough around the country to have a department for such a thing, and lke you said some kind of "template" in paying out people.
__________________
Appreciate 0
      07-05-2011, 12:49 PM   #38
iseegreen
Private
21
Rep
74
Posts

Drives: e92 335i
Join Date: Jan 2011
Location: CA

iTrader: (2)

I would pursue legal action.

Just because nothing big happened doesn't mean it couldn't have happened.

If someone runs a red light but barely misses oncoming traffic, should he not get a ticket because he didn't hurt anyone? No.

In your case, what if the sign happened to do a lot more damage? I'm sure it could have if it had hit you square in the head instead of just scratching you. Pursuing legal action will make that Target and possibly other Target's much safer so it doesn't happen in the future.
Appreciate 0
      07-05-2011, 12:55 PM   #39
Spoolin335
Justin Herass
Spoolin335's Avatar
Canada
355
Rep
1,205
Posts

Drives: X6M / M3
Join Date: Nov 2008
Location: Canada

iTrader: (7)

Garage List
2015 BMW M3  [0.00]
2012 Audi TTRS  [10.00]
2012 BMW X6M  [9.00]
2007 BMW 335i  [9.00]
A bird flew into my window the other day and scared the hell out of me, who do I sue because if it?
__________________

Appreciate 0
      07-05-2011, 01:12 PM   #40
number335
Second Lieutenant
number335's Avatar
20
Rep
254
Posts

Drives: E92 Coupe
Join Date: Mar 2008
Location: Orange County, CA

iTrader: (0)

Quote:
Originally Posted by Spoolin335 View Post
A bird flew into my window the other day and scared the hell out of me, who do I sue because if it?
The bird should sue you for having the window in his air space.
Appreciate 0
      07-05-2011, 01:19 PM   #41
06E90Rostik
2006 join date crew
191
Rep
1,482
Posts

Drives: 2006 325i, 2011 335i
Join Date: Feb 2006
Location: CA, Sacramento

iTrader: (10)

Garage List
2011 335i  [10.00]
2006 325i  [0.00]
Quote:
Originally Posted by Spoolin335 View Post
A bird flew into my window the other day and scared the hell out of me, who do I sue because if it?
Window company for not giving bird any advance signs that the window is ahead
Appreciate 0
      07-05-2011, 01:28 PM   #42
ragingclue
One cam is enough
ragingclue's Avatar
136
Rep
6,801
Posts

Drives: VF
Join Date: Oct 2008
Location: mulletville

iTrader: (1)

Is this really happening?
Appreciate 0
      07-05-2011, 01:30 PM   #43
stylinexpat
Major
stylinexpat's Avatar
423
Rep
1,427
Posts

Drives:
Join Date: Aug 2008

iTrader: (0)

Forget about it and move on. Pretend you were walking in the forest or mountain and didn't see a branch that was sticking out. Who ever placed the sign was stupid and made a stupid mistake just like the stupid mistake was made by the person who walked into it. Two people made two stupid mistakes
Appreciate 0
      07-05-2011, 01:31 PM   #44
stylinexpat
Major
stylinexpat's Avatar
423
Rep
1,427
Posts

Drives:
Join Date: Aug 2008

iTrader: (0)

Quote:
Originally Posted by jpsum View Post
+1. Freaking hate people who sue for everything. Its a scratch for god sake.

Thank you
Appreciate 0
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 04:22 AM.




g87
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST