Last week, we represented a major UK insurer in the defence of a product liability case brought against their insured in the Four Courts, Dublin.

The Plaintiff was claiming for personal injuries arising as a result of biting into a stone/foreign object located within a fast food product. The Plaintiff suffered severe dental injuries as a result of the incident. A number of parties were named as Defendants in the case including the fast food takeaway that sold her the product and our insured client who were the producer/manufacturer of the meat contained within the product.

The Plaintiff was successful with her claim however we argued that the stone/foreign object could not have made its way through our client's rigorous manufacturing process that included multiple stages of fine mincing. We presented expert engineering evidence to the Court that supported this argument and that the more likely source of the stone/foreign object was from the fast food takeaway's food preparation process.  

The Judge agreed with our arguments and ruled that any liability should attach to the fast food takeaway in full thus fully exonerating our insured client and securing the recovery of their legal costs from the at fault Defendant representing an excellent result.

This case highlights the importance well documented safety/ manufacturing check in order to prevent accidents. It also highlights that cases of this nature are defendable when strong evidence is put before the Court.