The accident team at Thompsons Solicitors Scotland, led by Partner Seonaid Brophy, has secured £149,496.26 in compensation for a woman who suffered injuries and property damage when her work mobile phone overheated and caused a fire in her home.
The Incident
In the early hours of 31 October 2018, our client, Denise Parks, was woken by a fire that had broken out in her living room in Coatbridge. The blaze was traced to her work-issued LG K8 mobile phone, which had been charging overnight alongside other devices.
The fire caused significant smoke damage to her home, destroyed her personal electronics, and left her with smoke inhalation injuries. She was unable to work for over three months, and her pre-existing anxiety and panic attacks were made worse by the trauma of the incident.
The Legal Claim
Our legal team raised a claim against LG Electronics UK Ltd under section 2 of the Consumer Protection Act 1987, arguing that the fire was caused by a defect in the phone’s battery. While most damages were agreed between the parties, LG denied liability, forcing the case to a proof on the issue of causation and defect.
Expert evidence from a chartered chemical engineer demonstrated that the LG phone’s battery was the source of the fire, likely due to a short circuit in the battery cell. The court accepted that the device was relatively new, in normal use, and charged with an appropriate charger meaning it had failed in circumstances where a standard, safe product should not.
The Judgment
Sheriff Robert Fife, sitting in the All-Scotland Personal Injury Court, found LG liable for the fire and awarded our client just over £149,000 in damages, covering personal injury, property damage, loss of earnings, and other associated losses.
In his judgment, Sheriff Fife held that the LG phone “did not meet the standard of safety that persons generally are entitled to expect.”
Seonaid Brophy, Partner, commented:
“This was a terrifying and completely avoidable incident for our client. No one expects their mobile phone to become a fire hazard in the middle of the night, especially when it’s being used exactly as intended. We are proud to have secured justice for our client and to have held the manufacturer to account. This case also serves as a stark reminder of the potential dangers of leaving devices charging overnight.”
Why This Case Matters
Consumer Safety: Highlights the potential dangers of defective electronics, even when used exactly as intended.
Legal Precedent: Confirms that under the Consumer Protection Act 1987, victims don’t need to pinpoint the exact defect if they can prove the product failed under normal conditions.
Awareness: Reminds the public of the risks associated with overnight charging of devices.
Justice & Accountability: Demonstrates Thompsons’ commitment to holding manufacturers accountable for unsafe products.
Support for Victims: Shows the importance of expert legal representation in securing maximum compensation for life-changing incidents.
Talk to Thompsons
If you need legal advice and would like to talk things over, we are specialists in personal injury claims. We’re here to listen.
Talk to Thompsons today on 0800 0891 331.
