Product Liability
Gemma has experience in product liability work involving complex technical, engineering and design issues, causing serious personal injuries, property damage and business interruption.
Her recent cases have involved defective tyre claims; vehicle fires and other defects in vehicles; fire damage claims arising from faulty equipment; a fire on board a dredger ship arising from faulty fuel lines causing significant damage, and faulty playground equipment.
She has experience of misrepresentation issues, product labelling, and cross border issues. She is also acutely aware of the wider reputational issue which can be at stake in claims.
Examples of recent work:
- In 2021, Gemma is instructed by Baldwins Crane Hire in respect of a claim brought by QBE insurance regarding a large wheel coming loose from a mobile crane on the motorway. The wheel caused extensive property damage and several road traffic accidents involving personal injury claims.
- In 2020, Gemma was instructed as junior in the Group Litigation case of Ms Carrie Brett and others v Mr Shiva Singh and others action against several surgeons who are accused of negligent supply of PIP breast implants causing injury.
- Mills v Alton Towers, acting for the Defendant, Merlin Group, in respect of an alleged faulty ride at its water park, where the Claimant rider had suffered a serious injury to this shoulder. The claim was dismissed at trial.
- Paul Stokes v Air Products PLC, acted for the Defendant manufacturer in this claim of an alleged defective vehicle. The claim was settled with a successful outcome.
- Mrs Patricia Jones (Personal Representative of Anthony Jones) v Hanson Aggregate, where an explosion aboard a ship caused by faulty equipment lead to an engineer suffering 70% burns to his body and dying.
- Jessica Oseland and Alison Foxall v Thomas Jones; Fairground inspectorate, Sure check Limited and Tivoli Manufacturing Limited. Acted for the designer of a fairground ride which had suffered a malfunction and lead to a carriage breaking free from a ride and the occupants, two teenage girls, suffered life changing injuries, and one became a tetraplegic.
Selected Cases
View full profile »Articles
- E-Scooters to be legalised for private use on public roads
- Omissions during medical assessments do not lead to fundamental dishonesty
News
- E-Scooters to be legalised for private use on public roads
- Crown Office Chambers welcomes Gemma Witherington
Qualifications
- BA (Hons)
- PgdDip
- BVC: Very competent
- Inner Temple Exhibition Award 2007-2008
- Streuben Benefactor Award 2007- 2008
Memberships
- The Honourable Society of Inner Temple
- Personal Injury Bar Association
- Association of Personal Injury Lawyers
Recommendations
“Gemma is very thorough in her approach and very empathetic to clients.”
Legal 500, 2022
”A thorough and balanced barrister who maintains a calm presence and ensures all angles are thoroughly explored.”
“Her drafting style is clear and persuasive. She is very personable and easy to work with. She is excellent at responding quickly to enquiries. She has a good rapport with clients and is not afraid to take on difficult cases.”
“She has the knowledge and experience of breaking down complex legal and factual issues.”
“Her attention to detail is exceptional.”
“She is a rising star and a real fighter.”
“She is a real fighter and an astute thinker”.
“Very good at giving direct, sensible and pragmatic advice”.
“She is a very determined advocate and really fights her client’s corner”.
