Gas pump hose exploded on me

[crafty35a]

What is the name of your state (only U.S. law)? Massachusetts

Recently, I pulled into a major chain gas station to fill my car with gas. After swiping my credit card, I tried to pump as usual -- but with a few seconds, the rubber hose attached to the nozzle exploded and began shooting gas all over. I immediately ran inside to tell them to turn the pump off. There was no manager on duty, so the attendant there took my information so a manager could call me back.

After initially speaking to the general manager, I did not hear back for several days. In the meantime, my girlfriend (who was with me when this happened), spoke to an assistant manager at the station, who mentioned that an employee was reprimanded for removing a bag covering the pump and/or cones to block off the pump (neither was present when the accident happened).

Today, an assistant manager just informed me that their marketing rep has said all they can offer me is $50 to pay for my ruined clothing and a $20 gift card. This amounts to, at best, 25% of the value of the ruined clothing.

Am I right to think that they are responsible for reimbursing me for the full value of the destroyed clothing? I am supposed to speak to the general manager tomorrow when she returns to work. How should I proceed?

 

[Zigner]

How did you arrive at a value for your used clothing?

 

[antrc170]

Make a list of the clothing that was ruined plus the cost to replace the item with comparable items. If you were wearing a t-shirt from Wal-mart you can't claim the cost for a t-shirt from Brooks Brothers. Once you have the list compiled you'll need to deduct a percentage for depreciation unless they were all brand new. Something like 20% would be acceptable in most situations. Present the data to the store manager and state that you'll accept nothing less than the replacement value of the clothes. Negotiate from there if you want. If not, file a small claims suit for the value.

 

[Antigone*]

What is the name of your state (only U.S. law)? Massachusetts

Recently, I pulled into a major chain gas station to fill my car with gas. After swiping my credit card, I tried to pump as usual -- but with a few seconds, the rubber hose attached to the nozzle exploded and began shooting gas all over. I immediately ran inside to tell them to turn the pump off. There was no manager on duty, so the attendant there took my information so a manager could call me back.

After initially speaking to the general manager, I did not hear back for several days. In the meantime, my girlfriend (who was with me when this happened), spoke to an assistant manager at the station, who mentioned that an employee was reprimanded for removing a bag covering the pump and/or cones to block off the pump (neither was present when the accident happened).

Today, an assistant manager just informed me that their marketing rep has said all they can offer me is $50 to pay for my ruined clothing and a $20 gift card. This amounts to, at best, 25% of the value of the ruined clothing.

Am I right to think that they are responsible for reimbursing me for the full value of the destroyed clothing? I am supposed to speak to the general manager tomorrow when she returns to work. How should I proceed?

Take the offer and say thank you.

 

[xylene]

Today, an assistant manager just informed me that their marketing rep has said all they can offer me is $50 to pay for my ruined clothing and a $20 gift card. This amounts to, at best, 25% of the value of the ruined clothing.

Am I right to think that they are responsible for reimbursing me for the full value of the destroyed clothing? I am supposed to speak to the general manager tomorrow when she returns to work. How should I proceed?

Tell the general manager that you appreciate their willingness to settle this, but that the assistant manager's initial offer was far too low to compensate you for your clothes, time, decontamination, and skin irritation... and that you would be willing to accept a more reasonable settlement of $200 dollars cash and $300 in gift cards, or some combination thereof.

And don't let them balk.

 

[You Are Guilty]

What were you wearing at the time? There's a big difference between an Armani suit and a tank top with some cutoff jean shorts.

 

[xylene]

What were you wearing at the time? There's a big difference between an Armani suit and a tank top with some cutoff jean shorts.

He doesn't have to be wearing Armani to be wearing $250+ worth of clothes.

Shoes alone are 100 dollars or more.

It seems more than reasonable to expect replacement when they admitted negligence in a matter that could have killed him.

 

[crafty35a]

What were you wearing at the time? There's a big difference between an Armani suit and a tank top with some cutoff jean shorts.

The items ruined were a $200 pair of pants (price easily verifiable on the manufacturer's website), and a pair of Clarks boat shoes. The particular shoe style is no longer made, but I can find links on-line listing the price as $135.

 

[Zigner]

The items ruined were a $200 pair of pants (price easily verifiable on the manufacturer's website), and a pair of Clarks boat shoes. The particular shoe style is no longer made, but I can find links on-line listing the price as $135.

You won't get compensated for the replacement value of the clothing. So, in a nutshell, your ruined clothing was worth in the vicinity of $170. You don't list any other expenses related directly to this incident.

 

[You Are Guilty]

The items ruined were a $200 pair of pants (price easily verifiable on the manufacturer's website), and a pair of Clarks boat shoes. The particular shoe style is no longer made, but I can find links on-line listing the price as $135.

Excellent. Print all that out, and if you have receipts from your clothes, use them to justify your demand. (If you are like most people and don't keep receipts that long, be sure to take some photographs of the ruined clothing to prove they exist). They'll probably argue with you on the depreciation percentage, but given the amount at issue here, probably don't want to deal with a small claims suit, so stick to your guns.

For S&G, you might also want to see if the station reported the spill to the local DEP (or FD, or whichever local agency is tasked with environmental hazards). There are usually pretty stiff penalties for not doing so.... not that you should use that for leverage or anything.

He doesn't have to be wearing Armani to be wearing $250+ worth of clothes.

Shoes alone are 100 dollars or more.

That was my point. If he was in an Armani suit, $200 wouldn't cover one sleeve. Don't want him to underbid himself.

It seems more than reasonable to expect replacement when they admitted negligence in a matter that could have killed him.

a) Driving to the gas station "could" have killed him. Neither that, nor the gasoline, actually did however, which means we have moved into the legal realm of speculation and conjecture.

b) Admitting legal negligence is not what happened here. Facts certainly exist to establish that they were, in fact, negligent, but no lawyer has admitted it for the company. Regardless, while I might agree with you on a ethical level, legally, the measure of damages does not change depending on what one admits to. OP is legally entitled to the value of the damaged property, plus any direct incidentals.

 

[xylene]

Regardless, while I might agree with you on a ethical level, legally, the measure of damages does not change depending on what one admits to. OP is legally entitled to the value of the damaged property, plus any direct incidentals.

The company has already offered a low ball settlement. The matter is not in court or a legal one. This is not wine spilled by a waiter. His clothes were ruined by an oil based toxic and explosively flammable substance that no doubt had to be decontaminated from his skin as well as it is not water soluble. Scrubbing oneself raw is no doubt not fun and is part of his damages.

There is no reason he can't bid them up using whatever negotiation technique he is comfortable employing on them, since they have essentially invited him to do so by offering the manager meeting. Indeed he should do something to solicit a higher offer. They would not have offered the meeting with the manager if the assistant manager's offer was their firm and final one.

Ethical treatment of a customer and preserving a customer relationship with an injured customer is sensible business, both for the business who wants closure and the aggrieved customer who wants to be made whole.

 

[Zigner]

...oil based toxic and explosively flammable substance that no doubt had to be decontaminated from his skin as well as it is not water soluble. Scrubbing oneself raw is no doubt not fun and is part of his damages.

No matter how much you say it, the OP has said nothing about this.

Ethical treatment of a customer and preserving a customer relationship with an injured customer is sensible business, both for the business who wants closure and the aggrieved customer who wants to be made whole.

Fair enough.

 

[xylene]

No matter how much you say it, (gas decon) the OP has said nothing about this.

I am saying for the sake of the OP.

I am saying it so he can use it when he speaks to the manager as part of negotiating for a higher settlement in what would be a nightmare for anyone - being sprayed by gas due to the fault of another.

 

[Zigner]

I am saying for the sake of the OP.

I am saying it so he can use it when he speaks to the manager as part of negotiating for a higher settlement in what would be a nightmare for anyone - being sprayed by gas due to the fault of another.

So, in a nutshell, you're suggesting that our OP lie in order to inflate his claim.

I thought we didn't do that here...

 

[xylene]

So, in a nutshell, you're suggesting that our OP lie in order to inflate his claim.

I thought we didn't do that here...

Unless the op is still reeking of gasoline or found the process of removing it from his skin to be wonderful (which it isn't) than I am in no way suggesting he lie.

Reminding the organization responsible that they caused misery is a perfectly rational and acceptable emotional appeal in a negotiation.