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Product Liability Claims

I imagine that some of those reading this blog may be aware of the case I am about to briefly outline.  It involves a cup of coffee purchased from a McDonald’s restaurant in America nearly two decades ago…

The Claimant, Ms Stella Liebeck, suffered very serious burns, in particular to her legs, as a result of her spilling a scalding hot cup of coffee on her lap.  In fact, Ms Liebeck was hospitalised for over a week, lost a fifth of her body mass, and required medical treatment for two years.  It was considered by the judge that the coffee was too hot and in fact far hotter than any coffee served by other food and drink outlets – and was inadequately labelled as to warn Ms Liebeck, and other coffee drinkers, of the potential hazard it posed.  While McDonalds stated that they purposely served their coffee extremely hot so that commuters who purchased the product would be able to drink it for longer, others have suggested that McDonalds ensured that their coffee was piping hot so that their customers could not drink it straight away in the restaurant and would therefore not gain a refill!  Either way, Ms Liebeck was awarded nearly $650,000 compensation.

Some may argue that coffee is obviously going to be hot, and that accordingly, the risk is clearly apparent.  Indeed, many have argued this and suggested that the case can only be described as ‘frivolous’ and ‘ridiculous’.  This blog, however, does not intend to argue the rights and wrongs of that case, but to raise awareness of the potential compensation you may be entitled to should you have suffered a personal injury as a result of a defective or dangerous product.

I am sure, given the time of the year and the advent of the January sales, each and every one of us has made a purchase of some kind in recent times.  Naturally, we expect it to be in full working order and not to cause us injury of any kind.  Unfortunately, some products do just that.  Where they do, you may be entitled to compensation, and it is important that you seek specialist advice from a quality personal injury lawyer.

If for example a product is defective, or dangerous but does not suitably warn you, or is contaminated, and you suffer an injury as a result of it, you are entitled to compensation.  If for example you buy a chair, you sit on it, it collapses, and you are injured, you are likely due some compensation.  If you buy an item of food and it turns out to be contaminated and you suffer food poisoning, you may be entitled to make a claim. Or, where you have purchased that trendy shampoo, you are having a lovely relaxing shower, but end up in a rash or suffering burns, you may be entitled to make a claim.

All products that are available on the market should have gone through rigorous checks and tests to ensure their suitability for sale.  That is why we happily buy the products.  We believe them to be fit for purpose and, more importantly, safe to use.  If you have suffered some form of injury as a result of a product you purchased within the last three years, then you may be entitled to compensation.  Where possible, please keep hold of the product in question and any receipts you have.  It is all important evidence to support your claim!

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