Hampshire trading standards are considering appealing to the High Court over a cement-based product which can cause burns.
In a recent case at Southampton magistrates court, Hampshire Trading Standards attempted to prosecute B&Q over its sale of a floor-levelling compound which left a Southampton woman scarred for life.
Jane Dobson, 46, was left with extensive burns on both knees which required skin grafts after she knelt in the wet floor levelling compound manufactured for B&Q by Sika, to smooth it over with a trowel.
The prosecution argued that the warning label on the product was not sufficient to suggest that it could cause burns but District Judge Anthony Carroway ruled in favour of B&Q.
Martin Window, Principal Trading Standards Officer for Hampshire County Council said: "We are really shocked at the outcome of the case. We all felt today that this was an unfair ruling.
"We will have to consider our position very carefully. I would certainly like to appeal this decision if it is possible, but we will need to consider the fact that we have to pay for this out of the public purse."
Prosecuting barrister Miss Louise Bagley said: "This is a really bad day for us, certainly one of the worst in my legal career. It’s obvious that the defence have found a loophole and we were expecting that, but we will do whatever we can to challenge it."
Under
Chemicals Hazard Information and Packaging for Supply Regulations 2009 (CHIP for short) cement products are labeled ‘irritant.’ They do not carry the label ‘harmful’ which is reserved for chemicals that ‘may cause damage to health.’
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