£27,500 compensation for burns from a firework display
A defective product compensation claim led to an award of £50,411 being awarded to a 29 year old woman when a malfunctioning firework caused burns to her neck, chest, face and fingers.
The claimant attended a public firework display. One of the fireworks failed to explode properly. It fired at her and set her alight.
Spectators rolled her on the floor to extinguish the flames. Paramedics at the display assisted her before she was taken to hospital by ambulance.
The lady was admitted to hospital. She had surgery to debride the burns.
She sustained deep burns to her neck and chest that left permanent scars. The burns to her face and fingers healed well. She also suffered post-traumatic stress disorder for eight weeks post-accident.
Treatment included scar management and physiotherapy.
The claimant was in considerable pain for three months following the accident. She was unable to work for four months. After this she returned to work on a part-time basis.
It was alleged that the firework manufacturer had been negligent, breaching the Consumer Protection Act 1987. The firework was defective.
The claimant suffered physical and psychological injuries through the defendant's negligence.
A consultant plastic surgeon, skin camouflage consultant and psychiatrist maintained the injuries were caused by the accident.
The psychological injuries would have no long term effects. Scarring to the neck and chest would be permanent.
Conclusion and settlement
Lliability was admitted and the matter settled out of Court.
An out of Court settlement of £50,411 was accepted.
Of the total damages £27,500 were attributed to "pain, suffering and loss of amenity."
An additional £22,911 was awarded for treatment costs, loss of earnings, other expenses and interest.