Denise Parks against LG Electronics UK Ltd (National Personal Injury Court) [2025] SCEDIN 40 (18 July 2025)

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court) [2025] SCEDIN 40 (18 July 2025)

On the balance of probabilities, the fire was caused by an incendiary electrical fault within the battery of the LG K8 (2017) mobile phone, which was defective within the meaning of section 3(1) of the Consumer Protection Act 1987. The defender, as producer, is liable for breach of statutory duty under section 2 of the Act. The pursuer is entitled to damages for personal injury, loss of earnings, sick pay, and property loss.

Citation
[2025] SCEDIN 40
Parties
Pursuer: Denise Parks; Defender: LG Electronics UK Ltd
Jurisdiction
Scotland
Judgment Date
18 July 2025
Procedural Posture
Personal Injury (product Liability) / Judgment After Proof (trial)
Outcome
Decree for pursuer
Legal Topics
Defective Products, Statutory Duty, Causation, Damages, Expert Evidence
Product Liability Consumer Protection Personal Injury Defective Products Statutory Duty Causation Damages Expert Evidence

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Parties

Denise Parks

Pursuer

LG Electronics UK Ltd

Defender

Procedural Posture

Personal Injury (product Liability) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the LG K8 (2017) mobile phone was the source of the fire
  2. 2 Whether there was a defect in the LG phone within the meaning of section 3(1) of the Consumer Protection Act 1987
  3. 3 Whether the defender is liable for breach of statutory duty under section 2 of the Consumer Protection Act 1987

Ratio Decidendi

On the balance of probabilities, the fire was caused by an incendiary electrical fault within the battery of the LG K8 (2017) mobile phone, which was defective within the meaning of section 3(1) of the Consumer Protection Act 1987. The defender, as producer, is liable for breach of statutory duty under section 2 of the Act. The pursuer is entitled to damages for personal injury, loss of earnings, sick pay, and property loss.

Court Disposition

Decree for pursuer

Orders

  • Sum sued for increased to £160,000.
  • Decree granted against defender in favour of pursuer for £149,496.26 with interest at 8% per annum from 18 July 2025.