We recently represented a major UK retailer in the defence of a product liability case before Dublin Circuit Court.

The Plaintiff was a minor (3 years old) who was claiming for personal injuries arising from an incident that occurred back in 2018 involving a hot water bottle purchased from our client.

The Court heard that the minor’s father had been using the hot water bottle, which was later accidentally stepped on by his daughter, causing it to burst and project near-boiling water onto her legs. The Plaintiff alleged that the failure was due to an inherent defect within the rubber of the product.

Despite the unfortunate nature of the incident, evidence presented in court confirmed that the minor’s family had not been using the water bottle in line with manufacturer’s instructions (the bottle had been regularly overfilled, filled with boiling water and stored incorrectly which was contrary to same).

Forensic engineering evidence was advanced on our behalf which confirmed that the failure of the water bottle was most likely caused by this improper use of the product as opposed to any inherent defect. Evidence was also presented by our client showing a lack of other similar incidents occurring from the same product line over a significant period.  

 Judge Fiona O’Sullivan, while acknowledging the honesty of the child’s parents, ruled that they had not proven their case against our client and dismissed the claim in full representing an excellent result.

This case highlights the importance of adhering to product safety guidelines and proper usage instructions to prevent accidents. It also highlights that cases of this nature are defendable when strong evidence is put before the Court.