Posted: December 7th, 2020
After being inadvertently exposed to toxic chemicals after the installation of spray foam insulation at their home in Co Donegal a coupe has been slightly in excess of €2m.
The Duffys family from of Meenderryowern, Annagry, Co Donegal, has paid €4,000 in 2016 to the special insulation installed in their home.
Making his ruling on the fact presented to him during the hearing. Mr Justice Kevin Cross revealed that he was of the opinion that Patrick and Anita Duffy sustained “their life-altering serious injuries as a result of exposure to chemicals”. He added that the most likely cause of these injuries was the foam that had been injected into the roof and that the Duffys’ injuries were caused beyond a reasonable doubt by the exposure to the product used by the company performing the installation.
While he said that the insulation foam product itself is “essentially safe” if installed correctly, it was more than probably that the injuries in this case came about due to exposure to Isocyanate.
It was ruled that the installer, McGee Insulation Services, was negligent in failing to warn the Duffys that they should stay out of the house during the spraying and for a minimum period of two hours afterwards. In addition the company had not communicated with them the potential risks and hazards involved in the product if the safeguards were not respected.
The family now live in a mobile home and all three family members had since become incredibly sensitised to certain products and “now live in a bubble”.
The Duffys took the personal injury compensation action against Brendan McGee, trading as , of Largenreach, Downings, Letterkenny, Co Donegal, who was completed the installation on February 18, 2016. There was also a claim submitted against the supplier of the spray foam insulation material – GMS Insulations, of Legga, Moyne, Co Longford, which imports and .
The alleged they were exposed to dangerous fumes and toxic chemicals and that they and their young daughter had to leave the dream residence they had built near the sea in Donegal because they did not feel safe there anymore.
The defendants denied the allegations that were made.
Mr Justice Cross said: “I have no doubt whatsoever had they been so appraised that Mrs Duffy would have left the house with her daughter before the spraying commenced and none of the Duffys would have returned until they were assured it was safe to do so”.
Categories: Compensation News, Personal Injury
