MRS OLUYOMI AYANNUGA v ONE SHOT PRODUCTS LTD

MRS OLUYOMI AYANNUGA v ONE SHOT PRODUCTS LTD

The claimants failed to prove on the balance of probabilities that the use of One Shot materially contributed to the formation of hydrogen sulphide gas. The court found that the gas was most likely released from the sewer system when the waste pipe was removed, not as a result of a defect in the defendant’s product. Even if the gas had been produced by a reaction between One Shot and lime sulphur, the circumstances would have been so unusual that the product would not be deemed defective under the Act.

Parties
Claimant: Mrs Oluyomi Ayannuga; Claimant: Mr Adeniyi Ayannuga (by his litigation friend, Mrs Oluyomi Ayannuga); Claimant: Master Oluwaferanmi Ayannuga (a minor, by his litigation friend, Mrs Oluyomi Ayannuga); Claimant: Master Oluwapelumi Ayannuga (a minor, by his litigation friend, Mrs Oluyomi Ayannuga); Claimant: Miss Bewaji Ayannuga (a minor, by her litigation friend, Mrs Oluyomi Ayannuga); Defendant: One Shot Products Ltd
Jurisdiction
England and Wales
Judgment Date
17 March 2022
Procedural Posture
Civil / Judgment on Preliminary Issues After Trial
Outcome
Claim dismissed
Legal Topics
Defective Products, Causation, Consumer Protection Act 1987, Personal Injury, Strict Liability
Product Liability Consumer Protection Defective Products Causation Consumer Protection Act 1987 Personal Injury Strict Liability

Case Brief

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Parties

Mrs Oluyomi Ayannuga

Claimant

Mr Adeniyi Ayannuga (by his litigation friend, Mrs Oluyomi Ayannuga)

Claimant

Master Oluwaferanmi Ayannuga (a minor, by his litigation friend, Mrs Oluyomi Ayannuga)

Claimant

Master Oluwapelumi Ayannuga (a minor, by his litigation friend, Mrs Oluyomi Ayannuga)

Claimant

Miss Bewaji Ayannuga (a minor, by her litigation friend, Mrs Oluyomi Ayannuga)

Claimant

One Shot Products Ltd

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues After Trial

Legal Issues

  1. 1 Whether the defendant’s One Shot Instant Drain Cleaner product is deemed to be defective for the purpose of the Consumer Protection Act 1987
  2. 2 Whether the damage (physical personal injuries) alleged by the first and second claimants was caused or contributed to by a defect in the defendant’s product

Ratio Decidendi

The claimants failed to prove on the balance of probabilities that the use of One Shot materially contributed to the formation of hydrogen sulphide gas. The court found that the gas was most likely released from the sewer system when the waste pipe was removed, not as a result of a defect in the defendant’s product. Even if the gas had been produced by a reaction between One Shot and lime sulphur, the circumstances would have been so unusual that the product would not be deemed defective under the Act.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.
  • The claimants shall pay the defendant’s costs of the claim, subject to Qualified One Way Costs Shifting (CPR Part 44).