The Edinburgh Sheriff Court has awarded £149,000 in damages to Denise Parks after a faulty LG K8 smartphone battery caused a fire in her home, leading to injuries and property damage. The incident occurred on October 31, 2018, while Ms. Parks and her husband were asleep. The fire was traced to the LG phone, which had been supplied to Ms. Parks by her employer, North Lanarkshire Council. The court found that the phone failed to meet the safety standards expected of such products, leading to the fire and subsequent injuries.
What happened?
On 31 October 2018, around 3:00am, a fire broke out in the living room of Denise Parks’ home in Coatbridge. At the time, she and her husband had gone to bed, leaving two mobile phones and a laptop charging on the arm of their sofa. One of the devices, an LG K8, had been provided to Ms. Parks by her employer, North Lanarkshire Council, around six months earlier. The devices were plugged into an extension socket on the wall behind the sofa when the fire started.
The aftermath of the fire was significant: Ms. Parks suffered from smoke inhalation and was forced to take extended sick leave from 2 November 2018 to 7 February 2019. Her existing anxiety and panic attacks were worsened due to the trauma of the fire. As a result, she had to repay £2,261 in sick pay to her employer and incurred a loss of earnings of £389.16.
The cause of the fire was investigated by Darren Green, a chartered chemical engineer with expertise in fire investigations. After examining the damaged devices, he concluded that the fire originated from the LG phone’s battery. The other devices, including another phone and a laptop, had been damaged by the fire, with the LG phone showing the most severe damage. The phone was relatively new and had not shown any prior issues, which suggested that the fire was due to a design or manufacturing defect in the LG phone’s battery.
In court, Ms. Parks’ counsel argued that the fire was caused by a defect in the LG phone’s battery and that she only needed to prove that the phone ignited during normal use. The LG phone, which was at most 22 months old at the time of the fire, had not been charged abnormally or with improper equipment.
The defense countered, arguing that it was not enough to establish the least improbable cause of the fire, but rather that the actual cause had to be confirmed. They did not offer an explanation of how the fire might have spread or the mechanisms that could lead to the extensive damage sustained by the devices and the sofa.
In the end, the court accepted the evidence that the fire was caused by the defective LG phone and awarded Ms. Parks £149,000 in damages, finding that the phone had failed to meet safety standards for normal use.
Legal implications
This case underscores the importance of product safety and the legal responsibilities of manufacturers. Under the Consumer Protection Act 1987, producers are strictly liable for damage caused by defects in their products. The Act implements the EU Product Liability Directive into UK law, ensuring that consumers have avenues for redress when harmed by defective products.
The lithium-iron battery fires associated with devices like smartphones, laptops and e-bikes, which have become an essential part of everyday life, are on the rise. As their presence continues to grow, so does the responsibility to ensure their safety, particularly when it comes to fire hazards caused by faulty batteries or defective designs. The Denise Parks case highlights how businesses, especially those that provide devices to employees, must ensure these products meet the highest safety standards.
The ruling also highlights the evolving landscape of product safety regulations in the UK. With the enactment of the Product Regulation and Metrology Act 2025, the UK government now has the authority to set and update product safety requirements, addressing emerging risks from new technologies and online marketplaces.
Raising the bar: what workplaces need to know about new fire safety rules
The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025, effective from October 30, 2025, introduce stricter flammability standards for domestic upholstered furniture. While these amendments apply specifically to household products, businesses and workplaces must also ensure that their furniture and equipment comply with fire safety standards under the Regulatory Reform (Fire Safety) Order 2005. This includes assessing fire risks and ensuring that all furniture, electrical devices, and equipment used in the workplace meet relevant fire safety regulations. These measures aim to reduce fire hazards and protect employees and visitors from potential risks associated with faulty products or inadequate safety provisions in the workplace.
For companies, staying ahead of evolving fire safety regulations is crucial in maintaining a safe environment and avoiding legal liabilities, especially as more devices, including smartphones and electronics, are used in the workplace.
