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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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A customer suffered some discomfort whilst having a piece of

Resolved Question:

A customer suffered some discomfort whilst having a piece of jewellery fitted in her ear. She was given a refund at the time plus free aftercare and jewellery(totalling £45.00) She then came back and asked for £100 compensation, which was paid immediately. She has now asked for another £100 which has been declined. She is threatening legal action and adverse publicity for the company.
How do we stand on this?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What is the nature of her discomfort?

How was it caused?

Customer: replied 1 year ago.
Some swelling and soreness and slight bleedingThis was not a new piercing but the customer had not had jewellery in for some time and the new jewellery was a little difficult to fit. This is not uncommon and usually settles within a few days
Expert:  Jo C. replied 1 year ago.

So it is not caused by negligence?

Customer: replied 1 year ago.
No, although this is what the customer is saying
Expert:  Jo C. replied 1 year ago.

Are you insured?

Customer: replied 1 year ago.
no, there is no treatment insurance for fitting jewellery
Expert:  Jo C. replied 1 year ago.

If the facts are as you say then you are not liable. She is just returning because she thinks that she can hit you up for money.

If there is no negligence then there is no claim.

It is very unfortunate she had a bad experience but you are only under a duty to not act negligently. You cannot stamp out risk entirely.

I would just refuse anything at all.

Even if she did have a claim though she would not get anything more than pain and suffering and you have covered that already.

Can I clarify anything for you?

Jo

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