Thompsons Solicitors Scotland, led by Partner Seonaid Brophy, secured £149,496.26 in compensation for a woman who suffered injuries and property damage after her work-issued mobile phone overheated while charging and caused a fire in her home. The claim was pursued against LG Electronics UK Ltd following the incident, which occurred while the phone was being used in normal circumstances.
What Happened
In the early hours of 31 October 2018, the claimant, Denise Parks, was woken by a fire that had broken out in her living room at her home in Coatbridge.
The fire was traced to her work-issued LG K8 mobile phone, which had been left charging overnight along with other electronic devices.
The blaze caused significant smoke damage to the property and destroyed several personal electronic items.
Injuries and Impact
As a result of the incident, the claimant suffered smoke inhalation injuries.
She was unable to work for more than three months following the fire.
The traumatic experience also worsened her pre-existing anxiety and panic attacks.
Legal Approach
Thompsons Solicitors Scotland pursued the claim against LG Electronics UK Ltd under section 2 of the Consumer Protection Act 1987.
While much of the claim was agreed between the parties, the defender denied liability, meaning the case proceeded to proof on the issues of causation and defect.
Expert evidence from a chartered chemical engineer was obtained. The expert concluded that the fire had originated from the LG phone’s battery, likely due to a short circuit within the battery cell.
Evidence also showed that the phone was relatively new, was being used normally, and had been charged using an appropriate charger.
Outcome
The case was heard in the All-Scotland Personal Injury Court before Sheriff Robert Fife.
The Sheriff accepted the expert evidence and concluded that the phone did not meet the standard of safety that people are generally entitled to expect.
Thompsons secured £149,496.26 in compensation for the claimant, covering personal injury, property damage, loss of earnings and associated losses.
Seonaid Brophy
Seonaid Brophy
“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.”
What this case shows
This case demonstrates the risks that defective consumer products can pose, even when they are being used exactly as intended.
Claims arising from defective products may fall within consumer claims, where manufacturers can be held responsible if a product fails to meet expected safety standards.
Thompsons can often support clients through the claims process under a No Win No Fee agreement. Anyone seeking advice about a similar incident can contact Thompsons to discuss their situation.
