Tracey Dickinson

Tracey’s client, Ms B, bought the dogfood from the Sainsbury supermarket in Monk Bretton, Barnsley.  She had not noticed it was damaged when she purchased it, but when she went to feed her dog, she cut her right middle finger on the defective can.  In fact the can was bent out of shape, and this in turn had forced the lid upwards so that a sharp edge, on which Ms B injured her finger, was exposed.

Injury caused by a damaged tin leaves scar

Ms B required hospital treatment and has been left with a 1.5cm scar on her finger, which should fade over time, but a bulge in the skin, which is unlikely to change, draws attention to the scar at present.

Ms B contacted Graysons to see if she had any redress against Sainsbury, and Tracey took up her case.  Tracey contacted Sainsbury, but it denied liability for the accident, suggesting Ms B had simply cut herself when opening the tin.  Ms B strenuously denied the allegation and Tracey had to issue court proceedings in order to proceed.  However, Sainsbury did then make an offer and, without further litigation, Tracey was able to negotiate a settlement of £1,500.

Sainsbury’s duty of care

In this case, Sainsbury owed Ms B a duty to take reasonable care to ensure that the products it sold were handled carefully and not damaged so that they were rendered unsafe and liable to injure customers on contact with them.  It had breached that duty of care.

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