Archive for the ‘Product Liability Claim’ Category

Eye Injury Claim: Exploding Fruit Juice Bottle From Supermarket

Monday, June 11th, 2012

UK product liability solicitor explains how to claim compensation for an eye injury from an exploding fruit juice bottle which was purchased in a supermarket

Eye injury victim question

I purchased a bottle of fruit juice from the local supermarket and when I got home I was attempting to open the cap when the bottle exploded blasting the cap into my right eye.

I couldn’t see out of the eye and my wife took me to hospital where I was diagnosed with a significant eye injury including deteriorating eye sight, double vision, sensitivity to bright light and headaches.

The hospital informed the Health and Safety Executive as to what had happened and also the supermarket.

I have since contacted the supermarket, who put me in touch with the manufacturer. The manufacturer has accepted legal liability.

Can I claim compensation for my eye injury and if so what is an average payout I can expect?

Product liability solicitor response

The type of claim you have against the manufacturer of the fruit juice bottle is known as product liability.

You need only show that you suffered injury as a result of a defect with the fruit juice bottle and you will be entitled to claim compensation for the pain and suffering for your eye injury and for any lost income as a result and any future lost income.

As liability is accepted – the issue of liability seems to be dealt with.

To calculate the average payout you can obtain – you should contact a specialist product liability solicitor who will instruct a medical expert – an ophthalmologist,, to complete a medical report as to the exact nature of your eye injury and the likelihood of any future problems including deterioration in your eye sight which you might suffer.

Based upon this report – your solicitor can compare cases decided by the courts in the past for similar injuries and in that way determine the amount of compensation you are entitled to claim.

In addition to compensation for pain and suffering for your injuries – you are entitled to claim for lost income, medical expenses, travel expenses to and from your GP, assistance in the home from friends and family and any other financial losses as a direct result of your accident.

If you would like to make a claim for your eye injury from a defective fruit drink purchased in a supermarket – click eye injury product liability solicitor to commence a claim online or to arrange a  free call back from me in person.

Product Liability Claim: Glass In Beef Burger Injuring Tooth & Throat

Thursday, October 13th, 2011

UK product liability solicitor explains how to claim compensation if you have suffered injury as a result of glass being found in manufactured burgers causing a cracked tooth, cut throat and gums

Accident victim question

I went to a local well supermarket and purchased some frozen boxed beef burgers. At home I prepared a burger and started to eat it. As I bit into the burger something extremely hard collided with my teeth causing a cracking sound and I noticed blood dripping from my mouth.

I spat out what seemed to be a bit of glass and I asked my friend to call an ambulance as I wasn’t feeling well. At hospital the foreign body was examined and it was confirmed as glass – I was also examined and it was discovered that a tiny piece of glass had lodged in my throat and was causing the bleeding. In addition the glass had cracked my tooth.

I was in hospital for two days as a precautionary measure. At the hospital’s request a friend checked the product information of the boxed burgers and the hospital notified the manufacturers of the problem together with the supermarket. And I believe the Environmental Health Agency.

When I left the hospital I also spoke to the manufacturer who had a record of the hospital’s call. They requested I sent a sample of the glass found for their examination.

I have also required dental treatment from my dentist who told me that my tooth is so badly cracked that I need a crown.

The hospital recorded the cut to my throat and gum and has he told me that this should heal within a month.

Am I entitled to claim compensation for my throat, tooth and gum injuries?

Product liability solicitor response

When you purchase a product from a supermarket – the supermarket and the manufacturer of the product owe you a duty. The manufacturer has what is known as “strict liability” – in other words you only need to show that the burger was defective – here had a dangerous foreign body such as glass and that glass caused you injury. You do not need to show how the glass got into the product.

It would seem that you are entitled to claim compensation for your injuries.  Clearly when you purchase a beef burger you do not expect a piece of glass or other form of sharp or hard substance to be in the burger. It is entirely foreseeable that you can suffer injury to your throat, teeth and mouth from the glass.

You have indicated that you attended at the hospital and dentist who have recorded your injuries. The hospital and later yourself reported the matter immediately to the manufacturer and supermarket and you have helpfully retained the glass which caused you injury.

This would seem to me to be all the proof that is necessary to show that primarily the manufacturer is responsible for your injuries.

I would suggest that you use a specialist product liability solicitor to claim your compensation, which could be quite substantial given the nature of your throat injury and the treatment required on your tooth and potential few dental treatment.

Click glass in burger claim to commence a claim for your throat, tooth and gum injuries or to arrange a call back from me in person to discuss any further queries you might have concerning claiming compensation for foreign bodies in food or any other form of product liability claim.

Milk Burn From Defective Baby Bottle: How Much Compensation?

Thursday, November 4th, 2010

How much compensation you can claim from a burn caused by milk from a defective milk bottle

I was at home and filled a baby bottle with milk which leaked from the bottom of bottle. I issued a claim at court and have received judgment in default as the Defendant did not reply to my claim.

The Defendant have now asked for a for a stay of one month to negotiate.

How much compensation is my claim worth?

Accident Solicitor Response

The amount of compensation your claim is worth depends on several factors, including: the severity of your initial burn, the ongoing visibility and size of any scar, whether it is
sensitive to touch, whether it is raised or indented, whether it changes colour in the
cold or the sun and how conscious you are of it.

In addition to compensation for your injury – compensation for financial losses should
also be available, such as the cost of pain killers, travel expense to hospital / GP and
any revisional surgery.

A plastic surgeon medical report and photos of your scarring will help establish how much
your claim is worth and so long it is over £1000 you are best having a specialist personal injury solicitor act on your behalf as the legal cost of such a lawyer can be claimed in addition to your
compensation.

Be mindful that even though you have judgment in default – the Defendant can apply to
have judgment set aside on a number of grounds.

Please let me know some more details about your scar so I can establish how much your
potential claim is likely to be worth.