Carbone Lawyers has successfully secured a significant settlement for two young adults after a defective power bank spontaneously combusted while they were charging a phone. The incident left both victims with burn injuries, most notably a 20-year-old woman who suffered permanent dermal scarring and pigment changes across her arm and back. Despite the manufacturer’s defence under the Australian Consumer Law (ACL) and a pre-existing product recall, Carbone Lawyers navigated the complex medical panel process to ensure the victims were compensated for their pain, suffering, and the long-term physical impact of the malfunction.
Key Points:
- Defective Technology: The incident involved a power bank that spontaneously caught fire while in use, underscoring the severe risks posed by lithium-ion battery failures.
- Significant Compensation: A substantial six-figure settlement was reached, primarily addressing the “pain and suffering” component for the more severely injured claimant.
- Product Safety Awareness: The case underscores the importance of monitoring manufacturer recalls, as the specific unit involved was already subject to a safety notice
Details of the Case:
The incident occurred during a public event in regional Victoria. Two friends in their early 20s were seated together when a power bank, resting on the young man’s lap while charging a phone, suddenly and spontaneously combusted.
The malfunction was violent; the unit did not merely overheat but “threw out flames,” according to the victims. While the young man escaped with relatively minor injuries, the young woman bore the brunt of the thermal blast. Due to the intensity of the heat and the proximity of the device, she sustained serious burns to her left arm, forearm, and back.
She received emergency first aid on-site before being transported to a nearby hospital. Medical reports later confirmed permanent dermal scarring, including hypo-pigmentation and hyper-pigmentation changes.
Outcome:
Carbone Lawyers successfully resolved the matter through a combination of claims under the Australian Consumer Law and the Wrongs Act. While the defendant maintained a defence regarding the product’s recall status, the legal team successfully argued the manufacturer’s liability for the physical and psychological toll on the victims.
The matter concluded with a substantial six-figure settlement for the female claimant, reflecting the severity of her permanent scarring and the “pain and suffering” endured. The male claimant also received a five-figure sum for his involvement and minor injuries. The resolution provides victims with financial resources to cover future medical needs and acknowledges the lifelong impact of the scarring.
If you’ve had a similar experience and have been injured by a malfunctioning or faulty product, please get in touch with us today to discuss your legal options and pathway to compensation.
