Question

Topic: Advertising/PR

Damage Control: Store Blamed For Customer Burns

Posted by Anonymous on 4/1/2006 at 5:29 AM ET 1000 Points
Last week, a group of students bought bottles of multi-purpose textile ink in one of our department store chains. While the label states that the product can be used for other materials, it did not state that it could be used as BODY paint, which the students used the product for.

This resulted to 1st to 2nd degree burns for around 17 students. They were claiming that our sales associate said that the product could be used as body paint, which the sales associate denied. The specific exchange between student and associate went something like this:
Student: "Can this product be used for the body?"
SA: "I don't think so, it isn't stated in the product info."
Student: "Maybe we can use this anyway"

The parents of the students are asking us to shoulder medication. We have provided funds for the initial check up and medication, but we believe that we should not be fully responsible for this.

The thing is, media has become involved. And while we, the police, and the hospital agree that the students also have to be more responsible, news programs have reported the incident already, that the product was purchased in our store. (although it did not state who was at fault)

Should we continue to provide medication and other hospital expenses?
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RESPONSES

  • Posted by michael on 4/1/2006 at 9:36 AM Member
    If you are planning to continue to provide it, you've already talked to your lawyers I'm sure, then at least try to specify where they can go for treatment. Someone who will honestly document anything the students say during treatment may assist you.

    This is what is broken about the system. Dumb people doing dumb things are never responsible for their dumb actions.

    Michael
  • Posted by Deremiah *CPE on 4/1/2006 at 10:59 AM Member
    Joanlim,

    inspite of all that is going on remain positive, smile and perform at your highest level of conduct. It's not going to be easy but it's the best place to begin.

    Although I could recommend a great deal of things you could do the question becomes should you do it. Personally I would contact two industries for the remaining rest of my time until this issue is cleared.

    1st I would not do anything without legal representation and guidance from a very good attorney.

    2nd I would contact a very good PR firm who has experiences in dealing with turning around negative media exposure or either how to court the media during challenging times like the one you are experiencing.

    The problem with paying all medical expenses and medication is that it could appear from an outsider that you are at fault or if read another way it could just look as if you are very concerned. This is why I feel a good attorney and PR firm is important at this point.

    So my answer is stop doing anything until you have been given clear directions from both groups about what steps to take and how those steps may be perceived. I hope this helps you. Again be encouraged it's really not your fault but between people who are negatively inspired and negative media exposure you have to play this one smart. Is there anything else I can do for you?

    Your Servant, Deremiah, *CPE, (Customer Passion Evangelist)
  • Posted by Peter (henna gaijin) on 4/1/2006 at 1:04 PM Accepted
    I would feel much better about answering this if I knew what country you are located in. This type of thing varies greatly between different cultures and legal systems.

    If the ink is branded as being from another company, don't forget to get that company involved to some extent (monetary support, get them to make changes to their literature, etc.). If it is your store brand, that likely would not be an option.

    In general, you can try to make positive press out of this by talking about how you don't feel it was your fault (the use was off-label), but you are trying to help them out through providing medical funds and also what you are doing to make sure this doesn't happen again (signage, marking on product literature, etc.).

    In regards to continue to pay, that all depends on how much it will cost overall. In general, I think having paid for the medical checkup is good, but I would not want an open ended set of payments for life. What is a reasonable amount for this.

    Of course, the financial impact on your business has to be considered. If you can't afford the payments, even if you feel it is right to do, you just can't do it.
  • Posted on 4/1/2006 at 8:49 PM Member
    My advice is to take full responsiblity. Put out a press release and get the media involved. Explain that, while you don't believe your clerk did anything wrong, you are sorry for the pain and injury caused in your store.

    You want to do all you can for the injured party. Be sure and get a release from any further damages. (I'm not an attorney. I just have experience with people who love to sue.)

    Even if you're not to blame, this could greatly and long term hurt your business. People can be mean in these cases. Do all you can to CYA.

    sk
  • Posted by fakeplasticco on 4/2/2006 at 1:50 AM Accepted
    I think Randall made a good point there with regards to,
    "...if product comes in contact with eyes or skin, wash vigorously with water. Call a doctor."
    If that warning did exist its obviously the students error for not following the instructions if it didn't exist then its the manufacturers error for not providing it there.
    So maybe if you have an image of that label on a news its going to clarify things.

    Regardless of the reason for the accident you could pitch in some $$ towards the medication out of generosity while probably making sure that the news and people are aware of you doing it

    Get all the schools to participate in making a collage, theme being the "awareness/responsibility"- that one should have while shopping etc. Or something along those lines and have a prize for the best collage.

    This would make it look like you are leading a movement towards more safe and responsible shopping experience for students/kids.

    I am no authority on this and have never been in your shoes just thought I would share a couple of points other than the ones already mentioned.

  • Posted by darcy.moen on 4/2/2006 at 4:05 AM Member
    I would go with WMMA's statement, and clam up. You've said you cared, your actions showed you care, but I don't think you can be held responsible for an abuse of a product made by someone else. I know, I know, you are most likely in the litigeous US of A...you have my sympathy.

    The media has a VERY short attention span. It may hurt a bit to have those blinding lights upon you, and their attention stings a bit, but trust me, they move onto the next story very fast if you don't rise to the bait and keep talking. If you've showed you cared, and you've said you cared (and MEAN IT), the story wears thin rapidly as long as you don't add fuel to the fire.

    Eventually, the attention will move onto the right party, the paint maker who did not label the product properly.

    Suffer the attention, and keep your wits about you, and you'll come out of this okay. If you need a reputation consultant to help you recover from this (bit really, its not that bad)...contact Roger or Warren at www.gryphonrm.com They are reputation consultants who offer advice with issues like this and other issues far worse.

    Darcy Moen
    Customer Loyalty Network
  • Posted on 4/2/2006 at 10:47 PM Member
    the advice given above are all very good.

    The one thing i will do differently is to cover all their immediate medical costs (how much will that be?) you dont want to be seen irresponsible, AND cheap/greedy.

    state that although its not your fault, you will gladly pay the damages caused (because you cannot say you care and not do anything to prove it)

    Add a poster on your help desk to mark "product inquiries" and say that its specific purpose is to inform those who need assistance in undestanding the instructions from manfactures. (i'll bet you will be the only store in your area which has a designated function like this to help your customers)

    this could turn things out for you. cuz whilst you have the media attention. USE IT!
  • Posted by Carl Crawford on 4/3/2006 at 2:33 AM Member
    God dam Americans always looking for blame someone else for there mistakes. The students are just out for some money, DONT GIVE IN TO THERE DEMANDS.

    This is almost as bad as the guy from kentucky that sued Apple because the ear buds will make you go deaf if you have the volume to load. WELL DERRRR, of course you will get hearing damage if you listen to load music for 8 hours a day.

    I mean everyone knows that NON WATER based paint burns your skin if left on for prolonged periods of time.

    So to sum up, I agree with you. You should not give them any more help. Just keep your month shut, dont answer questions unless a lawyer is present, and give the shop assistant a raise :).
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