exploding duracell battery and acid burn...

super_dad

well this jubille weekend hasn't quite gone down as planned and I could do with a little advice.

Over the weekend my partner and I decided to decorate our newly converted loft. We bought a Dulux paint pod and got to work...

A few minutes after turning the pod on (it takes 6 AA batteries - supplied with the product ... duracell batteries) the power in the machine started to deteriorate - so my partner took the batteries out of the compartment while I went downstairs to fetch replacements.

I heard a scream!!!

Running back upstairs I found my partner with battery acid trickling down her face and around her eye area after one of the batteries had exploded in her hand as she checked the "use by" date on the battery (mar 2016) - we washed it immediately and then she went to A&E to get checked out...

She now has a very sore eye and several "scabby" areas on her face where the battery acid has burnt away at the skin... her nose has a "burnt" area and her forehead has 2 "5ml sq" areas which have been burnt away.

so.... what do we do. Do we speak to Dulux - duracell or a solicitor.

Oh - want some good news? we get married in 6 weeks!

any help/advice appreciated.

Hintza

Pilot error? Assuming not, then you need to talk to a solicitor and keep all bits as evidence. Get a medical report too.

Valli

Firstly photograph her injuries and the battery.

Now the contract is with the retailer (whom you don't mention) so they should be your first port of call.

Under the circumstances you need to be careful - I think I would be writing to the retailer advising them of the events so far and reserving your right to take action against them, Dulux and/or Duracell. I would guess that both the retailer and Dulux would be keen to push this over to the battery manufacturer!

And keeping a copy of the letter.

This *may* well turn into a court case or a claim from compensation. Depending on how things go, for instance, you could be claiming for cosmetic surgery...

However, at this point you don't know whether your fiancee will heal completely, or be scarred and this is going to impact on what you claim for.

arcon5

Personally I would take this up with the manufacturer. The manufacturer is legally equally responsible as the faulty item has caused a personal injury - otherwise I suspect the retailer would put themselves in to a 'middle man' type position by getting the manufacturer involved anyway and cause further delays with your complain.

But at the moment, the advise given is excellent. Take photos, write incident reports whilst it's fresh in your mind, keep the evidence.

super_dad

thanks for that.

So I guess you mean I should take this up with Duracell - rather than Dulux (the company that supplied the batteries with their product...)

Also - having done a quick search online on this type of issue with Duracell batteries - Duracell's standard line seems to be "they are counterfeit batteries, made in our name, without our knowledge."

If this was the case in this instance then I guess there would be an even greater case against Dulux for suppling counterfeit batteries (a long way down the line, I appreciate, but worth initial consideration...)

The retailer was Tesco... (called their helpline and was told it was nothing to do with them... contact the manufacturer direct - (of course!)

Thanks for the help with this.. I have pictures of her eye before and after the hospital.. as well as facial burns.

Valli

Thing is SOMEONE'S responsible and you have three potential 'opponents'
Retailer - Goods not of satisfactory quality under SoGA
Dulux - IF they are NOT duracell batteries they have supplied you with goods not fit for purpose under SoGA and a claim for supplying counterfeit goods - trading standards may also be interested. Dulus have failed in their duty of care to you as you could reasonable be expected to assume they were genuine, therefore safe batteries.
Duracell - If they are duracell batteries then again not fit for purpose/not of satisfactory quality.

On the plus side none of these companies appear likely to go out of business - so you have someone to get the money from.
I do hope she won't have any permanent scarring though.

My guess for suing is - genuine batts - then Duracell are at fault
Fake batts - then Dulux are at fault (and you are unlikely to be able to show a case against Duracell; nevertheless I'm sure Duracell will be interested to know where Dulux are getting the batteries from;))
if they go out of business Tesco because they sold them to you

The Valliteen, doing Law AS level atm agrees
He says you could sue Tesco for negligence, Duracell could sue Dulux for infringement of copyright, and you could sue Dulux. He recommends you start with Dulux.

Hintza

This is not a case for going alone. This is potentially too serious as I imagine the sums could be quite large especially if there is a disfigurement claim.

Someone professionally competent will need to look at the kit and give their expert opinion, which of course will be at odds with dulux/duracell's expert opinion especially in the opening skirmishes.

Do this right or be prepared to lose.

Pilot error must be ruled out first otherwise you are at fault and have no case.

somethingcorporate

Plenty of options on who to deal with in terms of liability.

This would be worth seeing a solicitor over. Have you got legal cover through any union membership or home insurance? Otherwise get the yellow pages and ring around - most will do a free 30 minutes to get you started. It could be long and drawn out so you may want to put a few "holding" letters in to each of the parties stating you are seeking legal advice whilst putting it off to get the wedding out of the way.

With PI claims you have years to pursue (I cannot remember if it is 6 or 12) so do not worry about leaving it until after the wedding, they are stressful enough!

mjm3346

Time limit to claim is three years.

jumpedtheshark

In case it's useful, you might want to read up on the Consumer Protection Act 1987 - liability for defective products. It imposes strict liability on the producer, so I'd start with Duracell.

http://www.legislation.gov.uk/ukpga/1987/43

CoolHotCold

Not even going to bother offering advice except this.

Go see a solicitor.