Hi All

I sell a few custom controllers on eBay and have just had a customer threaten us with legal action, with the following message:

"You can see below I brought a controller on 25th January 2023, it has stopped working completely and I thought this was due to needed new batteries.


It then started sizzling, melted the back, burnt my hand and batteries set on fire (they were brand new) there is a clear fault with the electrics of this item and I have attached photos below, before I take legal action against you please inform me how you wish to resolve this matter."

Does anyone know with a high degree of certainty what could have caused this?

The only changes I made was with the custom parts, no electronic modding at all.


Any advice would be much appreciated

 

Hi All

I sell a few custom controllers on eBay and have just had a customer threaten us with legal action, with the following message:

"You can see below I brought a controller on 25th January 2023, it has stopped working completely and I thought this was due to needed new batteries.


It then started sizzling, melted the back, burnt my hand and batteries set on fire (they were brand new) there is a clear fault with the electrics of this item and I have attached photos below, before I take legal action against you please inform me how you wish to resolve this matter."

Does anyone know with a high degree of certainty what could have caused this?

The only changes I made was with the custom parts, no electronic modding at all.


Any advice would be much appreciated

You need to consult an attorney. You should not rely on our opinions to help you in this circumstance. The attorney is in the best position to find expert witnesses and craft a suitable defense. You get what you pay for and you should not try to do this on the cheap and save money by asking this question in a public forum. Do you want the plaintiff to see what you are up to? Get off of every social media account that you have and limit your communications with everyone and everything. You may be fighting for your financial survival here. Do NOT leave anything to chance. Zip it and disappear from the public square.

 

I agree with Papa.

Hire an attorney.

 

Keep their pictures. It clearly shows "do not recharge" on one of the batteries. Also states "Insert Correctly". If the battery overheated, it could be a battery manufacturing defect as well. Or, the user put them in backwards. Verify how the batteries are supposed to be inserted and compare to the pictures. Battery has a phone number on it, but not clear, and it seems to be a foreign toll free number (0800...).
But like others say, check with a lawyer first and don't post any comments on social media...

 

Did you supply the batteries with the controller? If so, it's harder to argue that the customer is at fault. If not, then you may have a reasonable defence. But as said, take legal advice.

 

Hi All

I sell a few custom controllers on eBay and have just had a customer threaten us with legal action, with the following message:

"You can see below I brought a controller on 25th January 2023, it has stopped working completely and I thought this was due to needed new batteries.


It then started sizzling, melted the back, burnt my hand and batteries set on fire (they were brand new) there is a clear fault with the electrics of this item and I have attached photos below, before I take legal action against you please inform me how you wish to resolve this matter."

Does anyone know with a high degree of certainty what could have caused this?

The only changes I made was with the custom parts, no electronic modding at all.


Any advice would be much appreciated

Hi,

Cant see what kind of batteries or the circuit diagram which could help figure out what happened.
I would be interested to know how many you sold so far that did not have any problems before this. Did you sell, 3, 10, 100, 1000, or even more.
Who actually make these things?

 

First, get a lawyer. My comment is to the other members.

First, someone mentioned if the batteries were supplied.

Did you supply the batteries with the controller? If so, it's harder to argue that the customer is at fault. If not, then you may have a reasonable defence. But as said, take legal advice.

However, it is clear that the customer replaced the batteries:

it has stopped working completely and I thought this was due to needed new batteries.
It then started sizzling, melted the back, burnt my hand and batteries set on fire (they were brand new) EMPHASIS ADDED
It then started sizzling, melted the back, burnt my hand and batteries set on fire (they were brand new)

His lawyer will certainly see that.

 

Batteries!
Many bar associations around the United States can arrange an initial meeting with an attorney so you can inexpensively discuss your situation and determine whether you really need an attorney for this.

I took advantage of this kind of program several times when I had my own business and had troubles with a contractor. It is a very inexpensive way to arrive at an understanding of both sides of the problem.

By the way, it is up to your customer to prove the cause of the incident. Even if a defect in something you supplied is involved and they cannot prove it it is your fault you have nothing to worry about.

Edit: irrelevant text removed

 

Product liability insurance is also helpful, if TS does this for income.

The insurance company will provide the lawyers. Good ones.

 

Are those AA alkaline batteries? I won't say it's impossible, but it must be extraordinarily rare for AA alkaline batteries to catch fire. Something looks suspicious to me. Also since the damage appears to have originated in the battery compartment, it seems the batteries themselves are likely the cause, assuming the guy is giving a true story. If those are his batteries, then I would think that's less of a concern for you. Is one of the batteries installed backwards? Also it doesn't look like that much heat was created, and not quickly since AA's don't store that much energy, so if he burned his hand then his fault for continuing to hold something that was relatively slowly warming up. Anyway consult an attorney as suggested above, or contact your insurance right away if you have insurance.

 

Contrary to some others here, I suggest that you not bother with an attorney simply because a person claims that they intend to consult an attorney. Only if you actually receive a letter from a genuine practicing attorney would I bother seeking one myself. Nor would I say or write anything to this customer that they might try to construe as an admission of liability.

What I would do - if it were me - is politely request detailed information from the customer, this is an entirely reasonable step in trying to assist them, ask questions like:

1. When and where were the replacement batteries purchased?
2. Do they still have the receipt for that purchase?
3. Was the controller connected to anything when the problem arose?
4. If so, what was it, how old is it? when was that unit last used?
5. Do they still have the original batteries?

If you do get a call or a letter from some attorney acting on this customer's behalf then refuse to speak to them, you should not communicate in any way with this customer's legal representatives as they are not in any way seeking to assist you but only their client.

Chances are that if they did consult an attorney they would have to pay and that attorney who will likely begin by asking "OK so this unit misbehaved, what do you want from the other party?" the chances are that their attorney will make it clear that there's not a lot to be gained here, if no law has been broken anyway.

 

He probably just wants his money back. Those who say hire a lawyer: have you seen similar cases where offering a refund without admission of liability hurt the case?

 

He probably just wants his money back. Those who say hire a lawyer: have you seen similar cases where offering a refund without admission of liability hurt the case?

I'm no expert, but I wouldn't think that offering a refund without admitting any guilt could hurt a case. It's basically good business to refund any unhappy customer. Maybe he would be willing to send it back too, which would further put the ball in your court. "I'm very sorry that you're unhappy with the product, we would gladly accept it back for a full refund and we will send a pre-paid shipping label to give you the best possible experience", or something like this. No admission of anything, just take it back in the name of making the customer happy. At that point I'm not sure if it's legally advisable to dispose of it ASAP, or hang on to it, but once it's in your possession I would think that makes his brining any case that much more difficult.

 

Getting it back also serves the purpose of diagnosing a flaw if there is one.

 

My First opinion:
Wait for their attorney to contact you. If you believe you can successfully dispute the cause of the malfunction then that should likely be the end of the matter.

My Second opinion:
Replace the controller WITH the proper batteries and and clear instructions. Treat them like a child - explain it in stupidly simple words. Then eat the cost. What's worth more? The controller? Batteries? Your reputation?

 

AND don’t forget, this entire thing could be a scam.

Asking for the information establishes your desire to get to the bottom of the matter. Don’t reply with any more information.

You might be pleasantly surprised when the matter is dropped.

 

I assume that the photos that you attach to your starting post were sent to you by the customer. Are the "AA" batteries shown in the holder correctly installed in terms of polarity? I don't see any markings on the controller indicating what is the correct installation of the batteries.

 

Is the "AA" battery shown in the holder correctly installed in terms of polarity?

The polarity is irrelevant. A court would not expect consumers to be experts on the proper installation of consumable parts, and incorrect installation should be expected and accounted for in the design. Failure -- or fire and injury! -- for such mistakes would be the responsibility of the manufacturer.

 

My First opinion:
Wait for their attorney to contact you. If you believe you can successfully dispute the cause of the malfunction then that should likely be the end of the matter.

My Second opinion:
Replace the controller WITH the proper batteries and and clear instructions. Treat them like a child - explain it in stupidly simple words. Then eat the cost. What's worth more? The controller? Batteries? Your reputation?

My only thought is I would not replace it if you can help it, try for a 100% refund and move on. Fire the customer as nicely and quickly as possible. If they're threatening legal action over something so minor, don't get them another chance to invent another reason.

 

My only thought is I would not replace it if you can help it, try for a 100% refund and move on. Fire the customer as nicely and quickly as possible. If they're threatening legal action over something so minor, don't get them another chance to invent another reason.

The major problem is that there was supposedly an injury. This will not be dismissed so easily if the customer chooses to push it (at least in the USA).