The settlement of a young child´s claim for an injury caused by a product defect made against clothing designer Ralph Lauren has been approved in court.
In April 2010, newborn Amelia Duhy was given the gift of a Ralph Lauren branded dress and pants combination by a friend of the family. When Amelia was ten weeks of age, her parents – Julie and Robert Duhy from Drogheda, County Louth – took her on holiday and, during one of the days during their vacation, dressed Amelia in the designer label combination.
That evening, Julie noticed red marks on the outside of Amelia´s thighs as she was preparing her daughter for bed. When the family returned to Drogheda, the marks were still visible, and Julie took Amelia to the family GP. The GP told Julie that the marks were not attributable to an allergic reaction and referred Amelia to a consultant plastic surgeon.
The consultant´s opinion of the injury was that it was “secondary to a tight constriction band”. As the Ralph Lauren dress and pants combination was the only possible cause of the injury, Julie sent them for examination by an expert in the technology of elastic fabrics. His opinion was that the elastic that had been used around the leg of the pants was more powerful than would be used in an adult garment.
Julie sought legal advice and, on behalf of her daughter, made a claim for an injury caused by a product defect against Ralph Lauren Ireland Ltd. The company denied it´s responsibility for Amelia´s injury and entered a full defence against the claim for an injury caused by a product defect. However, after a period of negotiation, an offer of settlement was made amounting to €17,500.
As the marks on Amelia´s thigh had now disappeared, Julie was advised to accept the offer. Julie agreed, but as the claim for an injury caused by a product defect had been made on behalf of a child, the settlement offer first had to be approved by a judge. Consequently, details of the case were related to Mr Justice Raymond Groarke at the Circuit Civil Court.
At the approval hearing, Judge Groarke was told that the dress and pants combination had been manufactured in China and then imported to Ireland with a Ralph Lauren label stitched into the garment. He also heard that, although the marks on Amelia´s thighs had remained for two and a half years, they had never wept and the elastic had never broken the skin.
Julie told the judge that she had photographed the marks over the two and a half year period, but the only treatment Amelia had needed while the marks were still present was the massaging of Bio oil into the top of her thighs. Judge Groarke approved the offer of settlement and closed the hearing.