Home     Law Advice     Insurance Advice     Community    
Dangerous or Defective Products : Click here for useful articles and FAQs for the following drug and medical device hot topics - Fosamax, Seroquel, Trasylol, NuvaRing, Medtronic Sprint Fidelis leads, Stryker Howmedica Hip Implants, Shoulder Pain Pumps
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Dangerous or Defective Products

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-23-2009, 09:58 AM
Junior Member
 
Join Date: Jan 2009
Posts: 1

Kohler Shower door explodes in hands.


I have just finished re-modelling a bathroom, and the final stage was to install a glass shower door.
My Son and Nephew were helping me, and we had already completed the stages of fitting the side panel and threshold. When we removed the 42 inch wide door from the box, and manouvered it into position to hang, the thing just exploded into a million pieces of flying glass! I suffered many minor cuts and nicks to my head, neck, forearms and hands. My Son was fortunately wearing a heavy sweater so only had one small cut to his hand. The flying glass, also caused minor damage to the new shower tray, vanity unit and paintwork. It took 2 hours to clean up the mess.
When I called Kohler, they were apologetic, and said that this happen's with tempered glass in one in every 10,000 doors, and is known as spontaneous breakage. They offered to send me a replacement in about 2 weeks, but that's about it.
My question is... What should I be doing about this? Should I be looking for compensation, and if so what sort of amount?
They tell me they have sent the e-mailed pictures of the damage and my injuries to their corporate Insurance company, but they haven't contacted me.
I'm not looking to get rich out of this, but feel they should be at least offering to replace the door and refund the purchase price. I would also like them to install the new one, as the terror of that experience of the glass exploding in our hands is still fresh in our minds.
Thanks for any advice.
  #2  
Old 01-23-2009, 10:17 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Legally, you're entitled to a replacement door (or the value of said door). Also, you would be entitled to be reimbursed for any medical care you received.

Anything more they would be doing on a "good-will" basis.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #3  
Old 01-23-2009, 10:21 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,077
What happens is that it was probably stressed somewhere in manufacture, shipping, or even when you were handling it. The million pieces is what it is designed to do. It would be much worse if it turned into large lacerating shards of glass.

They're offer to replace the door is more than they are obligated to do.
You work with tempered glass, this is always a possibility.
  #4  
Old 01-23-2009, 10:49 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,309
Why do you think you should get a FREE door instead of just the door you paid for? You got a defective part and they are replacing it, that's all you get.

And 1 in 10000 is a really small number. The chances of another door exploding on you is miniscule. The manufacturer, I'm sure, does not employ installation crews, and I don't see where you'd have a case to insist they pay for you to hire one. You can ask, but be prepared to take no for an answer.
  #5  
Old 01-23-2009, 07:29 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,077
Especially when you haven't shown that Kohler has any responsibility, there offer to replace it is generous. For all they know, you smacked the edge of the thing against the toilet which will shatter it. Kohler is pretty good about things. I miscut the top channel on my door and fessed up and they just sent me another free of charge.
  #6  
Old 02-02-2009, 12:34 AM
Senior Member
 
Join Date: Sep 2006
Location: Missouri Ozarks
Posts: 2,919
MartyC4. You obviously do not understand why shower doors are tempered glass. The doors, by DESIGN, are meant to shatter in small pieces when they are over-stressed, slammed, and mishandled. Even over-tightening the fittings will cause the tempered glass to let go.
  #7  
Old 02-02-2009, 12:35 AM
Member
 
Join Date: May 2008
Location: Montana
Posts: 419
Enough of the lame posts Marty, they are pointless on this forum. Forward them to Kohler if you are trying to prove something.
  #8  
Old 02-02-2009, 12:57 AM
Senior Member
 
Join Date: Dec 2007
Location: Alajuela - La capital del mundo
Posts: 5,886
Send a message via Yahoo to Wirelessany1
Not only did this idiot hijack the thread, but he has decided to tell us about every shower door that has shattered in the freakin country.

Enough Marty, go be a hero and champion your cause on your My Space - quit littering our forum with this useless cacophony and jibberish.
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

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 Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:37 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.