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Toy gunk exploded in DDs face in shop
What should I do?


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#1 KBM

Posted 01 December 2012 - 11:14 AM

Hi there

The other day we were in a fairy type shop and DD had her toother fairy money to spend.  She was looking at all the little things to see what she wanted, picked up a squeezy toy and squeezed it - only for it to explode in her face with all its gunky insides splattering all over her face, in her eyes, all down her clothes etc.  She was very upset.

The fairy girl was very helpful and apologetic, called her boss (who was at home) to come in.  They bought an eye bath from chemist next door, gave her soothing eye drops etc.  They were very kind and apologetic and gave DD a $20 voucher to spend in store.

Her eyes were very red and distressed all day but after a good nights sleep they were a lot better.  The skin around the eyes turned dry and flaky but all was better after a few days.

The top DD was wearing was ruinied, even after me washing and soaking it 3 times etc.

So my question is:-  have they done enough or should I pursue this further?  The top wasnt very expensive so I suppose the $20 voucher has reimbursed me for that but what about the trauma DD went through?

I have spoken to them since and they said they are chasing the manufacturer but I havent heard from them in a month and Im thinking its all just being brushed under the carpet.

What should I do?

#2 peach*face

Posted 01 December 2012 - 11:17 AM

I'd let it go.

#3 JRA

Posted 01 December 2012 - 11:17 AM

You should be pleased there are no ill affects.

I would continue to chase that this has been reported to the toy manufacturer, or even whoever checks safety of toys though

#4 applepie83

Posted 01 December 2012 - 11:21 AM

Absolutely, let it go.



#5 Marchioness Flea

Posted 01 December 2012 - 11:22 AM

I'd contact whoever it is who does toy safety(ACCC or Choice maybe?) and see if they know about the issue.
You MIGHT find that the toy will have warnings on it about what age it's suitable for or similar to cover their backs though.

#6 Relish*

Posted 01 December 2012 - 11:25 AM

QUOTE (JRA @ 01/12/2012, 09:17 AM) <{POST_SNAPBACK}>
You should be pleased there are no ill affects.

I would continue to chase that this has been reported to the toy manufacturer, or even whoever checks safety of toys though

I agree. Email or call and ask how they've got on with the manufacturer. I'm not sure I'd be seeking further compensation but I'd want to know the toy had at least been recalled or looked into. I really don't like being brushed off though so I would follow it up mainly based on this  :-P glad your DD is okay.

EFS

Edited by *Relish*, 01 December 2012 - 11:26 AM.


#7 follies

Posted 01 December 2012 - 11:25 AM

They are a small business (from what you described) that did not make the toy that broke.

From the sound of it they tried to help you as much as they could.

#8 Guest_3Keiki_*

Posted 01 December 2012 - 11:35 AM

QUOTE (JRA @ 01/12/2012, 12:17 PM) <{POST_SNAPBACK}>
I would continue to chase that this has been reported to the toy manufacturer, or even whoever checks safety of toys though


^^ this although unless you are american....

'What does any true red-white-and-blue American do when he's been wronged, or even slightly put out, for that matter?'
"We sue!"
Alan Shore and Denny Crane Boston Legal




#9 niggles

Posted 01 December 2012 - 11:36 AM

If you are concerned about the possibility of kids in the future experiencing the same trouble then I would report the toy to Kidsafe.

#10 Lady Excentrique

Posted 01 December 2012 - 11:36 AM

sounds like they were very helpful and did all they could for your DD. I would not take it any further with the shop, only the product itself, maybe send in your own complaint.

#11 Overtherainbow

Posted 01 December 2012 - 11:38 AM

I'd follow up based on the safety but not over compensation.  I try consumer affairs regarding safety of you to ensure it is just one dodgy toy and not all of them.

I remember a Christmas cracker exploding with sparks hitting a girl in the eye when I was at school.  She was ok thankfully but it was pushed for safety, never for compensation.

#12 EsmeLennox

Posted 01 December 2012 - 11:58 AM

I would not take it further with the shop, I think they did what they could. What I would do though is report the toy to Kidsafe and the government department responsible for this kind of thing (which I cannot for the life of me think of the name of right now) so the item can be checked for safety.

Edited because I missed an important bit in the Op which changed my response.

Edited by Jemstar, 01 December 2012 - 12:01 PM.


#13 BabyBumbleBee

Posted 01 December 2012 - 12:03 PM

I wouldn't have even expected them to give you a voucher in that situation, let alone expect the top replaced and whatever else you want.

#14 PattiODoors

Posted 01 December 2012 - 12:04 PM

I'd let it go with the shop. They sound as if they were very helpful and kind to you and your DD.

If you want to take it further, contact the maker of the gunky toy yourself.

Edited by starboard, 01 December 2012 - 12:07 PM.


#15 Stronger

Posted 01 December 2012 - 12:08 PM

Just curious as to what kind of toy it was OP? Was the toy meant to be squeezed?
I think the shop was very helpful to you and kind. Glad your DD was ok.

#16 baddmammajamma

Posted 01 December 2012 - 12:09 PM

QUOTE (3Keiki @ 01/12/2012, 12:35 PM) <{POST_SNAPBACK}>
^^ this although unless you are american....

'What does any true red-white-and-blue American do when he's been wronged, or even slightly put out, for that matter?'
"We sue!"
Alan Shore and Denny Crane Boston Legal


Thanks for this...I haven't seen an anti-American barb in a few days & I was questioning whether I was on EB!

Whew! I'm in the right place.

OP, glad your daughter appears to be ok.

ETA: See below. Should have chosen better language -- sorry 3Keiki!

Edited by baddmammajamma, 01 December 2012 - 12:47 PM.


#17 Guest_3Keiki_*

Posted 01 December 2012 - 12:20 PM

QUOTE (baddmammajamma @ 01/12/2012, 01:09 PM) <{POST_SNAPBACK}>
Thanks for this...I haven't seen an anti-American barb in a few days & I was questioning whether I was on EB!

Whew! I'm in the right place.


Hey Last time I checked the producers, writers, actors et all from Boston Legal are, oh lets see shall we.... yep AMERICAN!
It was not a BARB bmj, not even close to being anti-american (hell some of best friends are american) it was a JOKE. As in humor. Which it why I made it clear it was a quote and where the quote was from just in case it was taken wrongly. Jeez sensitive much.

Although I will admit I did use to illustrate the stupidity of litigation if that was where the OP was heading...



#18 protart roflcoptor

Posted 01 December 2012 - 12:22 PM

Love Boston Legal! Candice Bergan is superb in it. Denny and Alan are a bonus.

OP, as PPs have said, report the toy to the appropriate authority if you believe that it could happen again, especially coming up to Christmas.

Your daughter's "trauma"? I think that will be dependent on how you manage it. She will pick up on your lead. Do you want to make it bigger than it is for the sake of 'getting' someone?



#19 baddmammajamma

Posted 01 December 2012 - 12:34 PM

Love Boston Legal, too....and don't think you are anti-American, 3Keiki. I should have chosen my words more carefully. Sorry!

It's just that these types of little "humorous" lines surface on EB all the time -- almost always said in good fun -- and they just get a little tiresome, especially to those of us who are not (fill in common stereotype) litigious/gun toting/Toddlers & Tiara-loving/overly commerically-oriented/right wing freaks. wink.gif  But yeah, I guess I am overly sensitive to them at times (especially after Halloween).

But your point is well taken that it can be a quick and slipperly slope when someone is tempted to think "I was wronged...what more can I get from this situation?" I do think that, generally speaking, you will see more "dubious" tort claims pursued in the U.S. because of the way our legal system is set up.

Anyway, sorry to have veered off course. OP, I agree with the others who have suggested that you take action with the equivalent of consumer protection here.

Good luck!

Edited by baddmammajamma, 01 December 2012 - 03:44 PM.


#20 EsmeLennox

Posted 01 December 2012 - 12:38 PM

Perhaps, but not from the shop, the manufacturer maybe.



#21 hawkara

Posted 01 December 2012 - 12:50 PM

It sounds to me like the shop did everything they could reasonably be expected to do and were very kind about the situation. I'd let it go with them, but if you're still unhappy, speak with the manufacturer of the toy. The shop is the 'middle man' here, the manufacturer is the one who made the product and may have made it with a safety fault.

#22 Pretz

Posted 01 December 2012 - 01:37 PM

QUOTE (follies @ 01/12/2012, 12:25 PM) <{POST_SNAPBACK}>
They are a small business (from what you described) that did not make the toy that broke.

From the sound of it they tried to help you as much as they could.


Exactly. They didn't manufacture the product and appear to have been very kind and helpful.

I'm sure that you both received a fright, but looking into seeking more compensation for "trauma" seems over the top. They gave you a 20 dollar voucher which you admitted would cover the cost of the top anyway.

You should report the toy/manufacturer:  
ACCC-Product Safety Australia

I hope your daughter feels better.

PS: To the PP who mentioned about the American barb. I understand it could be grating, but The U.S is renowned for being extremely litigious.
Everyone is confronted with irritating stereotypes about their home country when abroad. Nobody is immune.

Edited by Pretz, 01 December 2012 - 03:55 PM.


#23 Gembac8019

Posted 01 December 2012 - 03:53 PM

Are you after something for the top or the trauma your dd went thru? I think the $20 voucher is enough.. what do you want, a medal?. How about you teach dd not to touch everything next time.

#24 Niamh23

Posted 01 December 2012 - 04:01 PM

Trauma? Really?? I can understand her getting a bit of a scare and upset, what with it getting in her eyes, but come on...

#25 jayskette

Posted 01 December 2012 - 04:03 PM

This is the time where there are LOTS of dangerous toys that did not pass Australian safety standards that are sold in all shops, but especially the $2 variety shops. You are entitled to claim against the shop's public liability insurance. the gunk inside the toy may be toxic, I would suggest monitoring the child's health and call the poisons info line.




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