Wednesday 1 June 2011

Taking on Tesco - and winning

Comercrawley recently settled a product liability claim against supermarket giant Tesco Stores Limited.




When 70 year old Mrs B went to open a screw top bottle of German Neirsteiner wine that had been home delivered by Tesco the neck of the bottle fractured causing a nasty deep laceration injury to Mrs B’s right hand.

After undergoing extensive surgery to her right hand Mrs B, on the recommendation of the Taxi Driver who took her to hospital, consulted comercrawley who then brought a product liability claim against Tesco Stores for selling wine in a defective bottle. comercrawley obtained an expert report which was able to identify from the remains of the bottle that not only had the neck of the bottle suffered a hairline fracture but that this had been caused during the manufacturing process prior to the application of the screw cap unit.

Initially Tesco refused to deal with the claim and attempted to pass on responsibility to the bottle manufacturers but proceedings were commenced against Tesco under the provisions of the Consumer Protection legislation and following this Tesco quickly accepted responsibility for the accident.

comercrawley were able to recover significant compensation for Mrs B not only for her injury but also for the additional load that had fallen upon her husband in looking after her whilst she was recovering from the injury suffered.

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