A 16-year-old student has been awarded damages of more that €31,000 in the Circuit Civil Court after she was injured by swallowing small shards of glass contained in a chocolate spread.
The girl, through her mother, sued the chocolate spread manufacturer after she claimed that she discovered small shards of glass in her mouth while eating the spread in September 2016.
Counsel for the girl, who was aged 14 at the time of the incident, told the court that she had been eating a bagel covered in the chocolate spread which had been prepared for her by her mother when she felt the glass in her mouth.
Examination of the jar of spread revealed more broken glass in the bottom of the jar. The spread was manufactured and sealed in the company’s plant in England before being purchased in an Irish shop.
The court heard that the girl had become distressed after discovering the glass and had begun to feel pain in her stomachs a few hours later. She went to hospital to have an x-ray performed. It showed no signs of glass in her stomach and she was sent home.
However, the pains began again the following day and she had to return home from school. The court heard that the incident had affected the girl’s eating habits in the aftermath and that she had lost weight as a result.
The spread manufacturer entered a full defence of the claim. The court heard that they had made a settle offer of €31,600 and counsel for the girl recommended that this offer be accepted.
The judge approved the settlement and ordered that the money remain in court funds until the girl’s 18th birthday.
If you have been injured as result of ingesting faulty or unsafe goods, be sure to discuss the issue with your solicitor. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.