Burn injury compensation due to defective curling tongs

When our client suffered burns while styling her hair, she was left with significant scarring to her neck and faced the daily need to conceal her injuries. Our Personal Injury solicitors pursued her claim and secured an out-of-court settlement of £10,000.

Burn Injury

Hair styling tools such as straighteners and curling tongs are used every day without incident, but when a product is defectively designed or manufactured, the consequences can be painful and sometimes permanent.

In this case the hot curling tongs stuck to our client’s neck and caused burn injuries to her neck leaving a 3.5cm scar on the left side of her neck with hyperpigmentation.

After the incident she dressed the wound with gauze after putting her neck under tepid water to calm the burn.  Post injury she struggled to sleep due to pain, felt anxious and no longer wanted to use products to style her hair. Her scar will be photosensitive, and high SPF will be needed to always cover it.

Product Liability claim

If a product does not meet the level of safety people are generally entitled to expect, it may be legally considered defective and product liability becomes an issue.

Product liability claims are primarily governed by the Consumer Protection Act 1987 (CPA), as was the case here.  It is an area of law in which manufacturers, distributors, suppliers and retailers are held responsible for any injuries caused.

“Manufacturers owe a duty of care to the people who use their products and a defective product can cause harm,” said Michael Talbot, Solicitor and Head of Personal Injury at Pearson Solicitors.

“The suppliers were contacted as the tongs were still within their three-year warranty, and, at their request, they were sent for testing. The examination revealed that the temperature had not been set correctly, the tongs displayed unstable temperature control, and there was a temperature-stability fault, meaning they should not have been used. It was therefore concluded that the tongs were defective, contrary to Sections 2 and 3 of the Consumer Protection Act 1987,” added Michael.

“It was also noted that the defendant failed to warn our client of the defect and did not take reasonable steps in the manufacture, testing, and quality control of the curling tongs before dispatch.”

Such harm can arise from:

• Failure to carry out proper testing
• Failure to exercise reasonable care in manufacturing
• Inadequate warnings about potential dangers
• Insufficient research during product design
• Failure to recall a defective product in a timely manner

“In cases of this type, we do not necessarily have to prove negligence, only that the product was defective, that the defect caused the injury, and that the client suffered damage as a result,” added Michael.

Liability for defective products

Potential defendants in a product liability claims that result in injuries may include the manufacturer; the importer (if the product was manufactured outside the UK); an own-brand retailer; and, in some cases, the retailer itself if the producer cannot be identified.

“In cases like this, we also pursue a claim for special damages. Here, my client requires specialist camouflage make-up, further skin treatments, and topical creams. The compensation awarded therefore includes the cost of specialist make-up products for concealing scarring, consultation with a skin-camouflage expert, and skin micro-needling treatment of up to £1,200.”

“When assessing compensation, we take into account the severity and visibility of the scar, whether it is permanent, the age of the injured person and costs of further treatments, as was the case here with the micro-needling and make-up,” said Michael.

“Scarring claims, particularly for young people, can attract significant awards due to the long-term impact.”

Seeking damages for personal injuries

It is important to seek legal advice as soon as possible if you have been the victim of a personal injury. There are also some practical steps you can take to help strengthen your case, including:

1. Seeking medical attention immediately
2. Keeping the product and its packaging
3. Taking photographs of your injuries as they heal
4. Keeping receipts or proof of purchase

At Pearson, we handled this case on a No Win No Fee basis, meaning there was no financial risk to the client.

How can we help?

If you or a family member has suffered burn injuries or scarring due to a defective product, conact our specialist personal injury solicitors on 0161 785 3588 or email enquiries@pearsonlegal.co.uk who will guide you through the process and assess personal injury claim. 

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.