Miss B purchased a glass measuring jug from a well known retailer. Approximately seven months after buying the jug whilst making gravy the glass cracked and a large piece of glass fell out of the jug causing the boiling contents to spill on to Miss B’s abdomen.Miss B suffered second degree burns to her abdomen and was unable to work for two weeks, unable to sunbathe for over a year and left with scarring.A product liability claim was brought against the retailer alleging negligence and breaches of the Consumer Protection Act (CPA) and the Sale of Goods Act including that the jug was not fit for the purpose for which it was bought. Liability was strenuously denied and Miss B was asked to prove her case. We instructed a glass specialist whose report confirmed that there was a chemical mismatch in the enamel on the jug and the glass which meant that even light contact by stirring the jug on the inside would cause the jug to break. A report was commissioned from a plastic surgeon in respect of the burns and ongoing scarring.The injury claim proceeded to trial where the Judge accepted that the jug was not fit for the purpose for which it was bought and was defective.
