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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Suffered quite severe burns to hands when microwaving Tesco

Customer Question

Suffered quite severe burns to hands when microwaving Tesco mashed potato due to the tray collapsing - 5 hospital visits at a Burns Unit. Packaging disposed of by a person who was trying to help. Supermarket do not dispute product purchased from them but their solicitor maintains that ratio of complaints too low and therefore Tesco cannot be held li
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you follow the instructions on the package?
Customer: replied 1 year ago.
Yes. It was a product I had used many times before.
Expert:  Ben Jones replied 1 year ago.
And you never had any issues before despite using it in the same way?
Customer: replied 1 year ago.
Never had a problem before. Sent Tesco an email stating that they may have a problem with the containers and that the batch purchased at that time should be investigated. They sent someone round to my home with flowers and I felt sure that they would take my complaint seriously.
Expert:  Ben Jones replied 1 year ago.
Ok to have a potential claim you must show that they had failed in their duty of care towards you. Just because you were injured by using that product does not mean that you will be entitled to compensation. You must show that the retailer had breached their duty of care negligently.This could happen in one or more of the following circumstances:1. The product was poorly designed and as such posed a risk of injury, even if used properly.
2. The manufacturer knew there was a fault or defects in the product and failed to issue a recall
3. A problem during the manufacturing process or whilst in transit led to the product becoming contaminated or defective in such a way as to pose a risk of injury.
4. Warnings about possible risks of injury weren’t displayed on the product were wrong, incomplete or unsafe.It is for you to show that they had failed in their duty based on any of the above. It is entirely possible that all reasonable steps were followed to ensure the safety of the product and that someone slipped brought the net and being quite unlikely it was not noticed and would not have been reasonable to dowdy them to notice. They could defend a claim on those grounds.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Option 4 appears to sum up the position quite well. I look forward to your further advice accordingly.
Expert:  Ben Jones replied 1 year ago.
Thank you. That may indeed cover it but you also have to remember that they are only obliged to provide warnings about injuries that are reasonably foreseeable. In any event, if you have suffered injuries you have the right to consider making a personal injury claim. You could approach a personal injury lawyer to do this for you and many offer a no win no fee service so you have nothing to lose by approaching them. If you wish to pursue the matter further yourself then you need to follow a pre-action protocol, a summary of which you can find here: http://www.inbrief.co.uk/claim-preparations/pre-action-protocol-for-personal-injury-claims.htm Eventually you can make a claim in court within 3 years of the injury