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Jane Dobson had tried to use B&Q self-levelling compound to re-lay her kitchen floor but burned her knees so badly that she was in hospital for nine days for skin grafts.
Trading standards officers took up her case and tried to prosecute the retailer, arguing that its cement was unsafe and had inadequate warning signs about the dangers.
However, Southampton magistrates yesterday threw the case out saying that there were warnings on the packaging and B&Q could not reasonably be expected to foresee anyone kneeling in it.
After the hearing Ms Dobson said that she was considering a private civil action.
“Before it happened I was all toned up and proud of my legs,” she said. “I used to enjoy swimming – but I can’t do that now and I can’t go out in shorts because my knees look so bad.”
A spokesman for B&Q said: “We agree with the judge’s decision and hope this brings the case to a close.”
The case has sparked lively debate in various internet forums, including suggestions that anyone who has ever hit their thumb with a hammer could perhaps try making a claim. Another wondered if they put their electric drill against their head, would they be able to make a claim. A surprising number of contributors, however, had no idea of the hazards of wet cement.
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