Product liability claim involving child burn victim

Our client was a young child when she sustained serious burns after her hair caught fire during the application of a lice treatment product. The product had been manufactured and placed on the market by the defendant manufacturer. The injuries were severe. Our client required a six-week stay in the National Burns Unit and underwent four surgeries, including skin grafting procedures, to address the extent of the burns she had sustained.

The experience was traumatic for our client and her family, and the physical and psychological consequences were significant. Our client’s family instructed Diane Treanor at Coleman Legal to investigate the circumstances and advise on a product liability claim against the manufacturer.

How we supported our client through the process

Diane Treanor assessed the basis of the claim under the Liability for Defective Products Act 1991, which implements the EU Product Liability Directive into Irish law and imposes strict liability on the manufacturers of defective products that cause personal injury. Under this legislative framework, it was not necessary to establish that the manufacturer had been negligent. It was sufficient to demonstrate that the product was defective, that the defect caused the injuries sustained, and that the damages claimed arose from those injuries.

Independent expert evidence was instructed from two specialists:

  • A consultant plastic and reconstructive surgeon assessed the nature and extent of the burns, the surgical interventions required, including the skin grafting procedures, the outcome of those procedures, and the long-term prognosis for our client.
  • A consultant child and adolescent psychiatrist assessed the psychological impact of the injury on our client and the trauma she had experienced as a young child as a result of the incident and its aftermath.

As a minor at the time of the injury, the Statute of Limitations did not begin to run against our client until she reached adulthood. Proceedings were prepared and conducted on her behalf, with the full range of her losses, physical, surgical, and psychological, addressed in the evidence presented.

Outcome and resolution

A confidential settlement was reached without admission of liability by the defendant manufacturer. The matter was resolved to our client’s satisfaction. Diane Treanor of Coleman Legal represented our client throughout.