Al-Iqra & Ors v DSG Retail Ltd
On the balance of probabilities, the Heater was the source of the fire. In the absence of misuse, this establishes defect under the Consumer Protection Act 1987, even though the precise mechanism of ignition was not identified. The Heater failed in normal use and thus was defective.
- Parties
- Claimant: Master Zayyaan Al-Iqra; Claimant: Master Zeeshaan Al-Igra; Defendant: DSG Retail Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 07 March 2019
- Procedural Posture
- Civil / Liability Trial
- Outcome
- judgment for the claimants
- Legal Topics
- Consumer Protection Act 1987, Defective Products, Causation, Standard of Safety, Fire Damage, Personal Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Master Zayyaan Al-Iqra
Claimant
Master Zeeshaan Al-Igra
Claimant
DSG Retail Limited
Defendant
Procedural Posture
Civil / Liability Trial
Legal Issues
- 1 Whether the Matsui MRHE 1800 Tower Oscillating Fan Heater was the source of the fire
- 2 Whether the Heater was defective within the meaning of the Consumer Protection Act 1987
Ratio Decidendi
On the balance of probabilities, the Heater was the source of the fire. In the absence of misuse, this establishes defect under the Consumer Protection Act 1987, even though the precise mechanism of ignition was not identified. The Heater failed in normal use and thus was defective.
Court Disposition
judgment for the claimants
Orders
- Damages to be assessed
- Parties to agree the form of order including costs
Full Case Text
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