Disputes Tribunal orders Kmart to pay Christchurch couple over contaminated sand
Elle Chrisp and David Dingwall's toddlers played in asbestos-contaminated sand and they asked for the retail giant to cover the bills.
A Christchurch couple is set to receive compensation from Kmart after their toddlers played with sand contaminated with asbestos. The retail giant was part of a nationwide recall of coloured play sand products last year, following tests that revealed the presence of tremolite - a form of asbestos linked to increased cancer risks at low exposure levels.
Elle Chrisp and David Dingwall filed a claim against Kmart for over $60,000 in costs related to asbestos testing and remediation, as well as future medical monitoring. The Disputes Tribunal recently ruled in their favor, ordering Kmart to pay $15,185.42 to cover these expenses. The tribunal found the play sand to be unsafe, unfit for purpose, and not of acceptable quality under the Consumer Guarantees Act.
The family's claim for medical expenses was not granted. Kmart stated that the product recall was part of a larger industry issue and that they removed the affected products from sale and supported customers with refunds and guidance on safe disposal. Consumer NZ's head of research and advocacy, Gemma Rasmussen, expressed satisfaction with the ruling, stating that it was reasonable for the family to take such actions and that the company should bear the costs.
However, she noted that the decision did not set a precedent and emphasized the need for regulatory reform to enhance product safety.
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