On the 5 April 2006, Duncan MacDougall was demonstrating a
hand flare for the purposes of a training video. The hand flare was
a Pains Wessex White Collision Warning Hand Flare used at sea to
warn shipping about untoward events.
Duncan, armed the flare in accordance with the manufacturer’s
instructions and at arms length, pushed the firing plunger in. The
hand flare ignited and an explosion occurred. Instead of firing
into the air and away from Duncan, the hand flare “backfired” into
his abdomen. The hand flare canister became embedded in Duncan’s
abdomen and burned at 3000 degrees centigrade for the advertised 60
seconds. This caused significant damage to Duncan’s right hand and
abdomen.
Duncan was taken to Wexham Park Hospital where he was treated
for very serious injuries. He had immediate surgery and was
admitted to the Intensive Care Unit where he remained for 4
months.
Duncan lost most of his large bowel, his spleen, some of his
pancreas and the tip of the middle finger on his right hand.
His right hand was reconstructed through plastic surgery
and is partially working. He also has a stoma. Duncan remained in
hospital for a total of 9 months and came home at the end of
December 2006.
Sadly Duncan still has significant pain, suffers from PTSD and
is at the moment still not able to return to his previous work as a
voiceover artist for radio and television commercials or as a
course leader for training sailors.
The accident was clearly caused by the breach of duty of the
manufacturers, Pains Wessex and the Consumer Protection Act 1997
applied.
Nevertheless, and surprisingly, the defendants argued that the
accident was caused or contributed to by Duncan’s own
negligence.
The defendants argued that contrary to its own instructions that
Duncan should have held the hand flare parallel to his own body so
that if there had been a malfunction the flare would not have
struck him.
The defendant’s arguments on contributory negligence were not
successful and the claim was settled on a full liability basis for
a substantial sum.
After the case, Duncan said:
“Field Fisher Waterhouse did a great job
in securing my settlement”.
For further information or if you have a product liability claim please call
Paul McNeil
on
020 7861 4019 or email paul.mcneil@ffw.com.
You can discuss your product liability claim with any member of
our personal injury team
on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.