Please use our support form if you have any difficulties or wish to contact us
  • Report: #148076

Report: BIG LOTS

Reported By: (tacoma Washington)

BIG LOTS IRRESPONSIBLE RIP OFF LOOSERS TACOMA Washington

... Is Big Lots A Big Rippoff?

Report & Rebuttal
1Author 26Consumer 1Employee
Respond to this report! What's This?
Victim of this person/company? What's This?

BIG LOTS

72ND STREET,
TACOMA Washington
U.S.A.
Phone:  
Web Address:  

Category: Department & Outlet Stores


Submitted: Thursday, June 30, 2005

Last posting: Friday, November 16, 2007
last year 2004 on thanksgiving day i decided to go to big lots becuase they were having a huge sale since it was a holiday. i already had to go to the grocery store to get more gravy and big lots is right across the street. I was looking for bar stools to go in my kitchen since we have a little island in the kitchen.

well as you know big lots carries some items of furniture such as chairs desks ect. im sure you get the picture. well i saw a swivel bar stool it was wood maybe oak im not sure it was really cute so i checked it out and sat on it to see how comftorble it was, soon as i sat down the bar stool crushed to the floor beneath me i fell and cracked my back.

as i went to stand up i slipped and fell again on the broken pieces of wood. no one offered to help as i lay there hurt i got up and as i limped out the door i told a cashier what happened (virginia) and she said " oh hope you feel better we will just clean up the mess dont worry about it" Now they are trying to say i was playin in the chain spendin around in it (hello you guys have video camera's in the stoor take a look idiots) and then they blamed it on the manufacturer (even though big lots put the faulty chair together.

What a hoot, so now they dont want to pay my medical bills. i still cant sleep in my bed. i sleep on the couch and i had to have at least 20 visits to the chiropracter not to mention i still have back spasms.

jessica
tacoma, Washington
U.S.A.



Click Here to read other Ripoff Reports on BIG LOTS
Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

What's This?  Search Tips
Report & Rebuttal

Respond to this report! What's This?
Victim of this person/company? What's This?
Repair Your Reputation What's This?


REBUTTALS & REPLIES:
1Author 26Consumer 1Employee
Updates & Rebuttals
#1
Consumer Suggestion
Respond to this report! What's This?

What were you thinking?

S. - N/a (U.S.A.)

POSTED: Thursday, June 30, 2005
Why did you leave the store? If you were hurt and wanted them to be responsible you should not have just walked out. You should have demanded an incident report. There is no way to prove now that you are hurting from what happened in the store and not something you did when you got home.
You say no one offered to help you? You should have screamed bloody murder until someone did. Instead you sucked it up and took yourself home. Now you don't have proof to make them pay.
#2
Consumer Comment
Respond to this report! What's This?
POSTED: Friday, October 28, 2005
You ruined all your rights when you left the store. Who is to say that you weren't fine and dandy when you left Big Lots but maybe got in a car accident later that day or something?

These are the things that happen. People try to scam big business all the time. Look at the famous McDonald's hot coffee lawsuit where some putz won $5 million because the nice, hot coffee was "too hot"! No wonder it is impossible to slog thru the legal system! Too many junk complaints in the way!
#3
Consumer Comment
Respond to this report! What's This?

get real

Angela - Tacoma (U.S.A.)

POSTED: Monday, October 31, 2005
ok despite the stupidity of the guy who just posted. im glad you got your kicks laughin at me i weigh 152 and i am 5'7 not fat at all. the furniture did not have signs on it, come to find out it was inproperly put together.

however i did retain a lawyer and just last month which made it almost a year i just got my settlement. big lots saved the tape and one of the employees admitted to hastily putting the stools together due to be short staffed. needless to say i just got cut a check and i am satisfied.

i didnt do it to rip any one off i felt it was wrong for no one to offer any help at all. yes my back still hurts but i have insurance which fully covers me becuase i am in the military.

any how when its all said and done i was paid and the rest is history.
#4
Consumer Comment
Respond to this report! What's This?

are you people foreall

Angela - Tacoma (U.S.A.)

POSTED: Monday, October 31, 2005
so any how just for general knowledge for all those who obviously have a one track mind. Big Lots does not have signs that say do not sit on furniture.

Secondly its human nature to check out a product before buying it IE< you smell or touch produce, you test drive a care, or wow you sit on furniture to see how comfy it is. duh.

any how with all the kindergarten explanation aside, the manager himself even addmitted that people sit on the furniture all the time.

once the video was taken from the company with me fallin an employee came forward and addmittd to hastily putting together the stools due to being short staffed in the store.

ive never sued any one at all i have insurance and its free through the military.

any how with that said its now been almost a year and yes i did get paid and was given a formal apology becuase the store was WRONG.

and for the ignorant guy who just posted im not fat and even if i were it wouldnt matter because there was no sign stating whether i could or could not sit on the stool.
#5
Consumer Comment
Respond to this report! What's This?
POSTED: Tuesday, November 01, 2005
First of all she did not get the amount you stated, on appeal her award was reduced to $480,000.00.

Second, the reason this 81 year old woman filed suit was because McDonalds would not pay for her medical bills. That's all she wanted paid.

Third, this incident occured due to McDonalds negligence. Their coffee is kept at 185 degrees, 20 degrees hotter then other restaurants coffee. Liquid this hot causes third degree burns. They knew this and didn't do anything about it. Oh and at 185 degrees the burns occur 2 - 7 seconds after it spills on you,and is EXTREMELY painful thats how HOT it was. These burns also require skin grafts and disfigure a person.

McDonalds also had more then 700 coffee burn cases before this that were settled and they still chose not to lower the temperature.

Still think this lawsuit had no merit?
#6
Consumer Comment
Respond to this report! What's This?

Yes Brenda, the lawsuit had no merit

Robert - Jacksonville (U.S.A.)

POSTED: Wednesday, November 02, 2005
Grandma was teaching her grandson how to drive a stickshift. Junior was doing exactly what all student drivers do...the huck-a-buck. Grannie removed the lid to drink her coffee and it spilled on her.

Waaah. First time Grannie had something hot in her lap in years.

Here's a thought. Grannie shouldn't have tried drinking a hot beverage while the car is lurching down the road. What a surprise...coffee is hot. Next, you'll tell me iced tea is cold.

The reason everyone mentions that case is BECAUSE it is considered frivolous to the vast majority of Americans. It was just the tip of the iceberg though. Sue the gun makers because criminals use their products illegally. Sue the fast food joints because people get fat. SUE SUE SUE! Sue the tobacco companies because their products do exactly what the label says it does.

Every warning label on a product is there because some dumbshit did something so stupid, that nobody thought it was originally neccessary to tell you not to do it. Do not iron clothes while wearing them. No shit! Do not use hair dryer while in tub full of water. Duh! Not for internal use(on hairspray). Ya think?!

Carlos Mencia has it right. "There are too many stupid people, and nothing left to eat them". Bring back dinosaurs and watch the fun.
#7
Consumer Comment
Respond to this report! What's This?
POSTED: Wednesday, November 02, 2005
by the fact that after the suit was done, they now serve their COFFEE at lower temperatures. Revised their manuals to say that brewing temperature should be only 150-165 degrees.

They had 700 complaints due to hot coffee.

It didn't matter if the grandma was teachin her grandson todrive. or a CUSTOMER walked in to the store and someone spilt their cofee on them when they bumped into each other. The cofee WAS too hot to begin with.

I doubt that all those 700 complaints recevied were due "only to people drinking coffee in their cars." No the complaints came from consumers who were burned by their coffee received from McDonald's.
#8
Consumer Comment
Respond to this report! What's This?

Robert.

Brenda - Whitehall (U.S.A.)

POSTED: Wednesday, November 02, 2005
Obviously you do not understand. Everybody things this lawsuit was frivilous because they do NOT know all the facts, maybe you didn't read my whole rebuttal.

Yes, She was partly negligent which is why she was not awarded all of the money.

However, McDonalds was very negligent.

You spill coffee on you. You get third degree burns because McDonalds keeps their coffee 20 degrees hotter then ANYwhere else. They KNEW that coffee that hot caused third degree burns, they didn't CARE. They had over 700 settled lawsuits!

A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

One would expect to get burned from coffee. What one wouldn't expect is third degree burns.

Because of their negligence, this woman had to suffer through skin grafts, extreme pain, and thousands of dollars worth of treatment. She may be in pain for years all because McDonalds didn't want to lower the temperature.

You HONESTLY think that this woman is a "Dumbshit"?

I hope you spill some coffee from McDonalds in your lap one day.
#9
Consumer Comment
Respond to this report! What's This?

That's just wonderful Denny

Robert - Jacksonville (U.S.A.)

POSTED: Wednesday, November 02, 2005
I cannot even find a home coffee maker anymore that brews a HOT pot of coffee. I have tried several brands and all are the same. The water is very warm, but not HOT. I called them all(4 brands) and got the same response..."we have to keep the temperature low to avoid lawsuits like______"...can you fill in the blank? Yes, that's right...McDonalds. Type McDonalds and Lawsuit in any search engine and get ready for hundreds of pages and thousands of entries for the same one. The majority of them are for Tort Reform. The majority of people considered this lawsuit as idiotic as the ones for getting fat. The $2.7M award was lowered to $480K on appeal. Again, if she wasn't doing something as stupid as trying to drink HOT coffee, while her grandson was doing the huck-a-buck, this never would have happened to her. She spilled the cup BECAUSE the car was lurching. She managed to go 81 years without spilling HOT coffee on herself. This was the first time for trying to teach the kid while drinking HOT coffee. I'll bet it was the last also. Some things are common sense. Trying to drink a hot beverage while bouncing and lurching should be considered "not part of the plan".

Everyone on the planet knows about that lawsuit. It even ruined home brewing. Why? Because some dumbshit at home might try drinking the pot of coffee in a matter of seconds, or spill it and burn himself. Just how stupid does someone have to be to not know that coffee is hot?

Again, some dipstick tried to iron their clothes while wearing them. Every warning was done for a reason...the manufacturer was already sued over it. I'm still trying to figure out the idiot who was the reason for the "for external use only" warning on hairspray. Someone please tell me what this genius was attempting to do "internally" with it.

Life is filled with risks. Live with them.
#10
Consumer Comment
Respond to this report! What's This?

Let's get back on track here ...

Peter - Pony (U.S.A.)

POSTED: Wednesday, November 02, 2005
This discussion thread is supposed to be about some fat-so who managed to bust apart a solid-wood stool into shards of wood and sawdust ... not McDonalds. Let's get back on track here and discuss the issue at hand ...
#11
Consumer Comment
Respond to this report! What's This?

Don't assume camera is on you

Joe - Platteville (U.S.A.)

POSTED: Thursday, November 03, 2005
Just because a store has cameras, don't assume that they were pointed at you when something bad happened.

There may even be multiple cameras...but since many are able to swivel around to look at various areas, they aren't trained right on you at the moment you fell or broke something.

Maybe so, maybe not. For you to get that tape, you would also need to subpeona it in the scope of a lawsuit...and hope that a tape actually exists to show that particilar incident.
#12
Consumer Comment
Respond to this report! What's This?

OK, back on track...

Pete - Valley View (U.S.A.)

POSTED: Thursday, November 03, 2005
'Jessica' broke the chair but 'Angela' says: 'yes I did get paid and was given a formal apology because the store was WRONG.' Hmmm? She also states: 'Secondly its human nature to check out a product before buying it' I never want to be in the same aisle of a store when she's contemplating a purchase of toilet paper. Jessica/Angela, did you pay Big Lots for the swivel bar stool you destroyed?
#13
Consumer Comment
Respond to this report! What's This?
POSTED: Thursday, November 03, 2005
Once again for the pony idiot that goes by Peter Fatso i think not obviously this is a place for you to be recognized and get off. You strike me as a definite looser that is why you keep making such ignorant comments (dumb people like you simply cannot help themselves) with that said whether it be McDonalds or Big Lots it dosent matter its all relative because it boils down to responsibiliy of their neglagince or didnt you get that part (probably not huh) well this will be my last comment to the those like Peter who reside with the rest of the moronic trailor trash!

Stores should be held responsible for their actions no matter how simple or stupid the lawsuit may seem it would be looked at completely different had it of been you.

some one please pour hot coffee over his face (peter that is)
#14
Consumer Comment
Respond to this report! What's This?

lol this guy needs attention

Angela - Tacoma (U.S.A.)

POSTED: Thursday, November 03, 2005
well if you would have read the previous post slowly you would have noticed examples such as sitting on furniture to test it out or driving a car to test that out. toilet paper come on now obviously your just here to be rude and obnoxious which ill admit your good at. so why dont cha just take your looser ways and stupid comments else where.

every one is entitled to their opinion however please spare the rest of us your silly remarks. maby they should put up a sign in here that says grown folks remarks only.
#15
Consumer Comment
Respond to this report! What's This?

what a jerk

Lori - Los Angeles (U.S.A.)

POSTED: Friday, November 04, 2005
ok this guy who is constantly saying things that my 2nd graders would say"yeah you know who you are" come on lets be adults go get your kicks some where else please. any how i do agree with several post on here, some people are out to get paid but there are some who are not, and for those that do actually get hurt the store needs to compensate instead of trying to take the easy route out.

i also agree that it is human nature to test things or check them out before you buy them, not every thing but the normal things such as furniture, cars, ect if your an mature adult you know what im getting at. any how just for my own insight i visited big lots last night and go figure there are no signs that say "display item please do not sit on" i asked the clerk "well are you not worried that some one will damage your furniture items or will hurt themselves and he replied "nope we expect our customers to check them out i mean really who buys chairs or a couch even with out first sitting on it. hmmmmmmmmm well i agree with him and he also said ""besides our customers safety is first and foremost the important thing around here and we pride ourselves on having our items properly put together and inspected before being sat out on show floor.

WELL GO FIGURE
#16
Consumer Comment
Respond to this report! What's This?

Thanx Robert!

Kate - Phoenix (U.S.A.)

POSTED: Sunday, November 06, 2005
Your post was everything I was trying to say. Why the heck would you put coffee between your legs in a car??? Especially not one that was about to be driven by a student???

EESH. People just don't know how to take responsibility for their own actions.

Guess what?? Whether the coffee is 10 degrees or 10,000, if the woman hadn't put the coffee between her legs AND taken the lid off, she wouldn't have been burned. Ergo, FRIVILOUS LAWSUIT.

People can quibble over the actual amount won all they want. The woman caused the accident herself. No, she is not responsible for how hot the coffee was, but she IS responsible for getting burned by it. If McDonald's wants to pay her and 700 other people off so that misguided people don't assume it is their fault, so be it.
#17
Consumer Comment
Respond to this report! What's This?

PS

Kate - Phoenix (U.S.A.)

POSTED: Sunday, November 06, 2005
I'm still waiting on "jessica" to explain how she suddenly became "Angela". Sounds like a hoaxer to me!
#18
Consumer Comment
Respond to this report! What's This?

Oh, yeah...

Kate - Phoenix (U.S.A.)

POSTED: Sunday, November 06, 2005
And the stuff about Big Lots having it on video is a moot point.

Leaving the store without filing an incident/injury report was not smart. It means that, even if your claim is true, Big Lots will get off on a technicality...the one where anything could have injured you once you left the store.

But this is all assuming that jessica/angela gets over the split personality thing.
#19
Consumer Comment
Respond to this report! What's This?

THE DUMBING DOWN OF AMERICA

Sherri - Piedmont (U.S.A.)

POSTED: Sunday, November 06, 2005
Because of frivolous law suits filed because people have no common sense, there has to be a disclaimer on damned near everything sold, used or consumed in this country. I just purchased a new stove and there was a sticker on it that stated "Placement of hands, arms or feet on stove while in use will cause severe burn." It just blows my mind that unless there is something in writing telling someone not to do something that a reasonable person would know is dangerous, companies and individuals can be held legally liable. Whatever happened to people being responsible for their own stupidity and/or lack of reason?

Too many legitmate cases get lost in the legal system because of stupid people and the lawyers who love them.
#20
Consumer Comment
Respond to this report! What's This?

IF YOU MUST KNOW

Angela - Tacoma (U.S.A.)

POSTED: Sunday, November 06, 2005
well for all those who seem to be more concerned with who it is that is posting rather than the issue at hand itself its ok im patient for the slow minded oness lol. any how my name is angelina jessica so that is why it shows up diffent. not that it makes a bit of diffence.

no just for GP for all those who dont know how to read the whole article big lots did pay in the end. so case closed. they realized they were wrong, and yes i should have filled out a report but i was so emberrassed and hurt i just limped out the store. it happens people so god forbid if it does happen to you then come back and let me know if you feel the same way not that it matters now any how since i was paid.
#21
Consumer Comment
Respond to this report! What's This?

wow the nastiness

Lori - Los Angeles (U.S.A.)

POSTED: Sunday, November 06, 2005
well first and foremost there is alot of rudeness, i expected that much becuase every one is entitled to their own opinon but come on folks lets get real stuff like this happens and whether her name is is jessica or Angela who the hell cares did it ever occur to you that since she had a lawsuit goin on that it wouldnt be the smartest thing to post her name, really kate come on is it the phoenix heat or just too much time on your hands, now on the other had ms angela;jessica i dont really care which is your name or both you have to be able to understand both sides every one isnt going to agree with you some people are nice some are not we are only humans although we dont all seem to be adults thats neither here nor there.

good luck
#22
Consumer Comment
Respond to this report! What's This?

Good Use for your Settlement

Susan - St. Louis (U.S.A.)

POSTED: Sunday, November 06, 2005
I hope you use some of your settlement money to get some education or at least spell check for your computer. Your errors are too many to put here, but since you insist on using "looser" so much, please drop one of the o's. It is loser.
#23
Consumer Comment
Respond to this report! What's This?
POSTED: Sunday, November 06, 2005
Maybe some kid loosened the bolts as a prank, waiting for some dumbass to plop down on the chair like an elephant. I'm sure your "settlement" will reflect itself in my next receipt, along with the "slip & fall" the "I caught my head in your toaster display", or even, The, "I choked on your free samples and now have nightmares that only a million-dollar check will cure" lawsuits. I know a guy that has filed suit against the maker of an office chair, claiming the upholstery gave him acne on his ass. He is also suing the school district because he claims he contracted silicosis from their pre-schoolers sandbox. This kind of crap actually works in the liberal "I'm a victim" state of Hawaii.
#24
Consumer Comment
Respond to this report! What's This?

who cares about spelling

Angela - Tacoma (U.S.A.)

POSTED: Monday, November 07, 2005
who cares if the if my spelling is on point or not, you obviously got my point......... any how my spelling is not the issue here or has it changed hmmm are you a bored house wife or what? Any how to the issue that is at hand (BIG LOTS) i find it hard to beleive that the majority of you people would have such nasty things to say had it of happened to you. I think not. Dosent really matter at this point whats done is done i sued this company not for the money but for principle yes i should have filled out an accident report but being that im not an expert in the case of slip and falls as you all obviously are hmmmmmmmm. any how the fact of the matter is that when I did fall no one offered to help and that goes for more than one employee, thats just wrong especially when there were other people around who saw what happened.

Big Lots knew very well that they were at fault they admitted to that and as stated i received an apology. Yes there are many people who love to rip off stores this is a given hell some of you have probably even ripped someone off lately, but any how that is not me i find it hard to beleive that i was in need of money soooooo badly that i would wait a whole year to get it. Oh and did i mention that about a month after the accident i was deployed for 7 months so what satisfaction was i going to get from this. It was about making the store responsible and despite all the negative comments and difference of opinons i believe the point was made and in the end im happy. You dont have to agree with me, who cares..............
#25
Employee
Respond to this report! What's This?

Employee

Ashley - Columbus (U.S.A.)

POSTED: Wednesday, July 19, 2006
I was a manager at a Big Lots for five years. When a customer accident happens, usually a accident report is filled out by the injured person, and any other customer or employee that witnessed what happened. But if all you do is tell a cashier and just leave without any kind of documentation, witnesses, etc. There is no way to actually prove it happened there. yes they have cameras, but they are not posted everywhere throughout the store, so most likely it was not even gotten on tape. Any kind of apology is the store policy for anything that happens, whether they take the blame for it or not.

Big lots is a closeout store, so everything they get is remanufactured. Which means something was wrong with it originally, so it was sent back, fixed, then sent back out to be sold. Thats why most of the items are cheaper. It isnt as high quality merchandise as levin's or some other furniture place would sell.
#26
Consumer Comment
Respond to this report! What's This?
POSTED: Saturday, November 03, 2007
THIS IS NOT LEGAL ADVICE! YOU NEED TO GET AN ATTORNEY IN YOUR STATE, LICENSED BY YOUR STATE BAR TO HAVE VALID LEGAL ADVICE IN YOUR CASE!
THIS IS A STATEMENT OF OPINION ONLY! I AM NOT AN ATTORNEY AT LAW!

I know a little bit about personal injury suits and I can tell you that this is roughly the equivalent of a "slip and fall" accident, almost impossible to try and win anything -- or so I was TOLD! Now I know why !I thnk I know what a court in Texas would probably tell you and why.

THIS IS NOT LEGAL ADVICE! YOU NEED TO GET AN ATTORNEY IN YOUR STATE, LICENSED BY YOUR STATE BAR TO HAVE VALID LEGAL ADVICE IN YOUR CASE!
THIS IS A STATEMENT OF OPINION ONLY! I AM NOT AN ATTORNEY AT LAW!

I am going to tell you,first, that I am surprised they didn't make you PAY for that bar stool.

You could have kept it and insisted on having the box that it was shipped in and had evidence for your case.Also,have bought an identical one and insisted on having the shipping box for comparison purposes.

I am a regular Big Lots customer and I am VERY SELECTIVE in what I buy there and I have been DELIGHTED with EVERYTHING I have bought there and am Still using ALL of it so I am admitting a bit of a bias at the outset. That said, I remember personally seeing something that resembled the merchandise in question that you allege harmed you --but as a result of YOUR own action.

AS I remember, it was some overpriced (expletive deleted) they probably got from the equally overpriced and outrageous Pier One Imports -- statement of opinion here, maybe YOU can afford Pier One's prices. Even at Big Lots prices, it was too overpriced for what it was..cheaply made crap probably made by slave labor in Asia. (Sometimes, my favorite store screws up when they price merchandise they allegedly want to "move"... I saw it, thought it was cute ,too but I DIDN'T HAVE TO BUY IT OR SIT ON IT!)

Don't you know how much you weigh?

Remember, a lot of that imported stuff is designed by and for smaller , lighter people, usually persons of traditional Asian heritage who usually do not weigh as much as Americans ( of all ethnicities) or are as tall as Americans. Make your own comparisons online if you don't believe me.

People are sometimes prisoners of their own experience and can't comprehend fully something or someone that is out of their day-to-day personal observations and experiences. Just as true for some manufacturers in Asia as it is for our manufacturers in the USA... The buyer from Pier One was probably a petite person, probably a lady--since their targeted marketing demographic used to be young,professional women,and the merchandise would have suited her lifestyle perfectly...Again, the buyer was probably only taking him/herself and other consumers like her/him when s/he bought it, which is probably why the merchandise was not sold and ended up eventually in the possession of Big Lots!

These manufacturers of the bar stools are in business to make a large and fast profit. Material to make substantial and larger chairs for heavier folks cost MONEY.Even slave labor costs money so they have to knock this stuff out as fast and as cheaply as they can to get the object of business: PROFIT! No telling from which Third World bastillion of enterprise these chairs originated from but you can bet they probably didn't know or care about the ultimate destination of them! All they considered was the $$$$$.

Big Lots was NOT the original buyer of this merchandise. They were trying to profit from Pier One's obvious mistake of buying merchandise that didn't sell, probably for al lthe reasons I theorized about above. I would venture to say that most consumers in America are not petite,slender persons of small stature.

Then, too, Big Lots buys a lot of liquidated merchandise usually sold by the "lot" which is where they get their name, I believe. They are gambling that they can buy things other outlets have not been able to sell for whatever reasons, inventories and warehouses of businesses that are no longer in business, overstocked merchandise and sell it low and make a profit. There is a REASON why that MERCHANDISE didn't sell in the first place. THINK about it! Something is wrong with it for those consumers but it might be right for Big Lots Consumers. You have to know what you are doing when you buy something or even shop for something these days!

BIG LOTS IS ONE OF MY FAVORITE PLACES TO SHOP! BUT YOU HAVE TO CONSIDER THE ANCIENT LATIN SAYING ( translated to English by ME!) as let the CONSUMER BEWARE!

Some of the stuff that Big Lots buys was not able to be sold by other stores like Pier One which is probably where those " potentially lethally cute " bar stools originated...I saw those but I knew that I weighed 200 lbs. and so I did NOT try them out. They looked rather flimsy to me and I KNEW BETTER THAN TO SIT ON THEM!

It's called COMMON SENSE!

If your stature and your butt and your weight is TOO BIG TO COMFORTABLY fit into or onto the merchandise, THEN DO NOT SIT ON IT!

You should have checked and made sure that all the screws and fastening devices were tightened first and that the bar stool had all of the legs level on the ground and would not rock back and forth easily on the floor when you shook it. Also, one might have withstood your weight while another MIGHT have had a defect from the FACTORY. IF so, the factory MAY be liable but good luck suing slave labor in a Most Favored Nation Trade Status. They might not even still be in business.

You would have to PROVE that the original manufacturer deliberately placed this product into the stream of commerce and meant for YOU to have it, amongst other things...IF you can even find out who made the damned product. Your lawyer would have to buy one of these identical offending bar stools including the packaging to get the address of the manufacturer in order to get an idea of exactly how the product harmed you and they probably are not available anymore...

YOU HAVE TO CHECK THIS STUFF OUT BEFORE YOU PERSONALLY TRY IT OUT--E.G., SITTING ON IT, ETC.!

Again, COMMON SENSE!

I want to inspect what I buy BEFORE I buy it. I am too busy to take everything back to the store so I don't want to make that mistake BEFORE I leave the store. BUT...I have a realistic sense of what will bear my weight and what won't. If you are visually impaired, a person with you should have told you or at least let you feel the merchandise so you would have an idea of what it was like and how it was made and whether or not it would bear your weight.

Where the doctrine of implied risk comes in is that you HAVE taken all this into consideration and you STILL persist in sitting on the merchandise, YOU are taking the risk that it will colapse and injure you at worst and make you look like a fool at the least! IT WAS YOUR DECISION TO MAKE.

You KNEW what MIGHT happen if you sat on it and yet you RECKLESSLY ignored the risk of harm to your person and you did it anyway.

The store is only making the merchandise available for visual inspection. They did NOT INSTRUCT OR REQUIRE you to sit down on it. YOU chose to do that. Most stores I know, including Big Lots, have a sign that says FOR DISPLAY ONLY. I wonder where that one went....Maybe someone removed it or hid it? Hmmmmm...

What works for a 100 pound, 19 year old female college student or yuppie professional woman may not work for a 200 pound, 50 year old former police officer or a 265 bouncer or a 300 pound lard ass couch potato.

COMMON SENSE.

THIS IS NOT LEGAL ADVICE! YOU NEED TO GET AN ATTORNEY IN YOUR STATE, LICENSED BY YOUR STATE BAR TO HAVE VALID LEGAL ADVICE IN YOUR CASE!
THIS IS A STATEMENT OF OPINION ONLY! I AM NOT AN ATTORNEY AT LAW!

As I recall, Pier One mainly catered to yuppie females back in the 1980s but their outrageous prices have kept me out of their stores since then so I can't tell you what their inventory is these days. They can't sell a lot of stuff,sometimes, and so it stays in unsold lots until great retailers like Big Lots come along and buy it up, sometimes getting extra lots of stuff in the bargain sight unseen, for unbelievably low liquidation prices,which are then passed along to the customers.It is a very simple, beautiful merchandising strategy. I hope they do well with it because I appreciate good business dealings!

I have furnished two houses using Big Lots merchandise and the people couldn't have been happier but I stuck with items more solid than those "Cute" but flimsy bar stools.

WATCH OUT FOR THE GLASS TABLE TOPS--something else YOU should AVOID in Big Lots! They have a lot of them, also very beautiful -- and I do not have them in my own home just in case!

COMMON SENSE.

Now, here is something else I want to ask:

Did your injuries require you to be taken from the store by EMS and have you made substantial medical bills since then? The store MIGHT be liable for them but you have to prove SOME negligence on their part and NONE on your part. This also gives you documentable evidence, a chain of custody, as it were. You will need it. It is best right from the scene, otherwise, how does the court know you aren't trying to cash in on OLD INJURIES that occurred somewhere else and you were trying to open the deep pockets of an unsuspecting merchant?

Did you get the names and addresses of any witnesses who saw the incident and can verify that you carefully inspected the display model with all due care and caution and attempted to make sure it was safe to sit in or that you plopped yourself down onto it without a preliminary inspection?

Did you get a personal injury attorney who specializes in SLIP AND FALL type cases?
Has he or she presented a letter of demand to the store?

Without an attorney, your case goes NOWHERE and even if they are a PERSONAL INJURY attorney;slip and fall is a sub-specialty because they are so hard to prove!
MAYBE your attorney can subpoena the surveillance camera footage but if it has been over a year, don't count on it. Used to be that they would recycle the master VHS tape after a year or so. I have no idea about the digital security camera images.

You might TRY filing pro se but if you make a mistake anywhere in the myriad of legal forms or in the order of their filing, you are not exactly laughed out of court but it will not find favor... you will lose. They call it "foolwork" because only a fool represents him/herself in court.

I am going to give you the benefit of a doubt but IF I were a judge, it would sure SEEM like a SCAM to me to extort money from the store.

Knowing that the bar stool was flimsy, made for lightweight people, a "reasonable person",would not have sat on it all OR not without checking it out to see how it was constructed, reinforced and if it would bear their weight.

And that's how it looks to me.

THIS IS NOT LEGAL ADVICE! YOU NEED TO GET AN ATTORNEY IN YOUR STATE, LICENSED BY YOUR STATE BAR TO HAVE VALID LEGAL ADVICE IN YOUR CASE!
THIS IS A STATEMENT OF OPINION ONLY! I AM NOT AN ATTORNEY AT LAW!

WHY DON'T YOU TAKE THIS CASE TO JUDGE JUDY OR JOE BROWN ON TV?????You may need the chair you damaged and another chair of the identical kind to show them as evidence.....

THIS IS NOT LEGAL ADVICE! YOU NEED TO GET AN ATTORNEY IN YOUR STATE, LICENSED BY YOUR STATE BAR TO HAVE VALID LEGAL ADVICE IN YOUR CASE!
THIS IS A STATEMENT OF OPINION ONLY! I AM NOT AN ATTORNEY AT LAW!
#27
Consumer Comment
Respond to this report! What's This?

Is Big Lots A Big Rippoff?

Wealthwise - La Crosse (U.S.A.)

POSTED: Friday, November 16, 2007
All I can say is that I have been shopping at this particular big box for years, and last night was the straw that broke the camels back, I won't describe the incident here, I will file a ripoff report once I have written my letter to BigLots, which by the way so far the only way of contact is through a contact form on their site, I did a WHOIS for them and the company is located in Vegas ,with irrelevant registrant Information, just in case you need to contact them here it is. It would appear first and foremost they are a holdings company.

Consolidated Property Holdings, Inc

330 E. Warm Springs Road

Las Vegas, NV 89119

US

cphinevada@earthlink.net

+1.7022222382

Based on this I would say this is not your typical retail operation and they don't operate like one, they would appear to be a distribution point of Big Lots or should I say massive lots of inferior products mostly made in China. I am not at all surprised at the incident with the chair, they don't really show much interest in respecting the source of their bread and butter the customer! After doing a brief search online with keywords BigLots and Ripoff, I have to come to the conclusion that their bottom line is profit and not customer satisfaction. I intend to contact my local media and see about an investigation story into my local BigLots, I would suggest others do the same. One last thing, on the subject of Made In China, recently a Radio talk show host suggested a a Made In China Free Christmas, could America possibly pull this off, considering all the shopping done at big box marts like BigLots?
Report & Reply
Respond to this report! What's This?
Victim of this person/company? What's This?
Repair Your Reputation What's This?
Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

What's This?  Search Tips

Ticket Feeder Looking for premium tickets?    Concert Tickets | Sports Tickets | Theatre Tickets     just visit www.TicketFeeder.com

Ripoff Report Verified Safe
Video Spotlight
Ripoff Report VideoData recovery scams over charge and steal private data from broken hard drives.

Play Video
Ripoff Report VideoLoan modification offers risk for those facing foreclosure. Don't pay up front!

Play Video
Ripoff Report VideoQuestionable pyramid scheme takes advantage of consumers.

Play Video
Ripoff Report VideoCompanies steal from your bank account. Find out how.

Play Video

Ripoff Report Corporate Advocacy Program
Help support Ripoff Report. Donate today.
What mortgage brokers don't want you to know
Thank You

Read how Ripoff Report saves consumers millions.