Vacuum Cleaners Discussions

http://www.chicagoinjuryattorneyblog.com/2010/04/libertyville_woman_files_cook.html

When FOX news first reported this, I couldn't help but think of the Kirby hair/head and pet massage tool which has always come standard with new Kirby vacuums.  The Kirby user claims she was under the bed vacuuming with the hose attached and the hose/wand came 'broke" apart and sucked off about 1/3 of her hair from her scalp.  A picture of the vacuum shows the lady's hair embbeded around and in the fan/shaft well of the Kirby.

Believe it or not.

Carmine D.

Hello Venson:

Your original question is the crux of the legal mattter.  How and why did the poor lady get so close enough to the attachment suction opening on the Kirby to allow her hair to get sucked into the fan shaft opening?  That is the question without an answer now.  The case against Kirby and for the lady's credibility hinges on that question and the lady's answer. 

Not surprising that the lawyer waited this amount of time before suing.  As the lawyer said to ensure hair hair growth and scalp damage healed and is all back to normal before suing.  As Kirby stated the suit has not been served yet.  So Kirby is mum on the matter.  Lady's lawyer's comments lead me to believe he/she are both agreeable to an out of courst settlement.  While the break is abnormal, it is not entirely impossible.  $10,000 and a new Kirby hose/coupling should end the matter without the lady answering the Venson question.

Carmine D.

Once the rug cleaning head is disconnected from the front of the cleaner -- which must be done, the plastic hose connector has two hooks that attach to the bar you see toward the bottom of the machine in the picture.  You would swing the connector upward and flush against the face of the  cleaner and pull down the latch above it to hold it in place. The little plastic "arm" would automatically align and press against the safety mechanism that allows electrical power to the motor AND also ups the motor speed for attachment use.

What you see in the picture is that the portion of the hose connector that locks on to the cleaner's face is still in place -- the latch is locked, the switch trigger is in place but everything else is broken off.  Therefore this machine can run off the main switch with driveshaft and fans exposed despite the rest of the connector being broken away.

Venson

Hi Venson, et. al. :

Originally, the FOX news report lead viewers to believe that the hose coupling breakage caused the lady's hair to be sucked into the fan shaft well opening.  Saying she was vacuuming under the bed when the hose/coupling broke off.  That obviously is not where she lost her hair as in under the bed.  Why?  The vacuum could not have been physically located under the bed while she was vacuuming.  Maybe close by.  Especially if she were using the light of the Kirby to see under the bed.  She may have been under the bed with the hose and wand attachments but when the hose and wands broke off, she came out from under or near the bed to see what happened to the vacuum.  Most persons' natural reaction after the hose coupling breakage is to shut off the vacuum.  She did not.  She investigated the break and got close enough to allow her hair to get sucked into the fan shaft opening.  Stupidity?  Product liability?  Both?  What percent for each?  If the lady's stupidity is more than 50 percent of the cause of the problem, by not shutting off the Kirby, she's entitled to nothing except a new hose and coupling if the Kirby is still under warranty.  If Kirby is more than 50 percent liable for a defect/design flaw due to the break, then Kirby is liable.  Will the lady's lawyer argue that this break in the coupling is to fault?  Either because of the break, or the inability of this break to shut off the vacuum, or both.  Most likely.  Will the lady's lawyer also argue that Kirby should have a clear written warning label on the Kirby machine to shut the power off if the hose coupling breaks/malfunctions.  Most likely.  So what have we got?   Out of court settlement?  That's my feeling. 

Carmine D.

No.  There are often great deals for new Kirby and Aerus vacs on eBay and elsewhere but, per their web sites, both companies state that they will not recognize warranty in regard to new machines sold by unauthorized vendors.  This is their way of corraling buyers I guess.

To that I say, so what.  However, if warranty coverage is a big issue there's little you can do but go with the flow for the best price you can wangle.  What that is I do not know.  I recently made mention of having learned of being able to get a Lux Guardian at under the $1,000 mark to a Manhattan Aerus dealer and he nearly swore by all that's holy that that was impossible.  I didn't see the worth in arguing but there's a salesman I'd never trust farther than I could throw him..

Venson

Hi Carmine

Who knows how or why people do the things they do with their vacuums.......sometimes....the less we know the better off we are.

Only in America....sad but true.

turtle

Common sense is very uncommon.

Carmine D.