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05 March 2015
Slater and Gordon Personal Injury Lawyer Michael Hardacre settled over £20,000 compensation for his client who sustained a serious eye injury when doing household chores.
Michael’s client had the very unfortunate experience of having a capsule of washing gel burst and splash detergent into her eye.
She was preparing to put her washing into the machine when she picked up two of the gel capsules which had stuck together. As she prised them gently apart, one of them split and the gel burst out unexpectedly landing straight in her right eye.
Michael’s client had bought the Persil washing capsules from Tesco and as such she potentially had a claim for compensation against either Tesco as the retailer, under the Sale of Goods Act or against Persil's parent company, Unilever, under the Consumer Protection Act 1987.
As Michael’s client could not produce proof of purchase for the capsules from Tesco, the claim was brought against Unilever on the basis that she was entitled to expect that the gel capsules were not defective. On the face of it, the capsule should not, under a normal degree of pressure, have burst.
Michael’s client had to prove that whatever was wrong with the capsule was present when it left the factory. In the nature of products like these, they are expected to eventually dissolve on contact with moisture such as water within a washing machine. So a major potential issue was the extent of exposure to moisture either during the manufacturing process or once it left the factory through the distributor and retailer.
Clearly, something had gone wrong for two of the capsules to stick together and once prised apart, to burst in normal use. There was no such warning on the instructions.
Once a letter of claim was directed to Unilever, they agreed to compensate Michael’s client in the sum of £28,500 for the injuries she had suffered, which led to permanent damage to her right eye.
Michael’s client was pleased with the outcome of her case and will be able to use her compensation to fund special lubricating products for a specific type of contact lens which she will now need to use for the rest of her life.
If you have been injured by a faulty product call Slater and Gordon Lawyers for a free consultation on freephone 0800 916 9046 or contact us online and we will be happy to help you.
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