Specialists in pursuing claims for people harmed through work or during medical treatment
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30th Mar 2010
Don’t give up on ‘toxic sofa’ claims, urges solicitor
Customers in Huddersfield who were left with rashes and burns after they bought sofas allegedly laced with toxic chemicals have been told not to give up hope of receiving compensation.
A High Court ruling in London upheld arguments by Land of Leather’s insurers that they should not have
to pay out on claims against the now defunct furniture chain, sparking fears that up to 300 victims could be left out of pocket.
to pay out on claims against the now defunct furniture chain, sparking fears that up to 300 victims could be left out of pocket.But personal injury lawyer Debra Allen of Raleys Solicitors, who is representing several clients from Huddersfield, said many claims for so-called ‘toxic sofas’ would not be affected by the decision.
“This ruling is a real blow to the claimants it affects,” she said. “But I would urge anyone who has made a claim for alleged injuries caused by one of these sofas to contact their solicitor and not assume that their case is now over.
“None of my clients in Huddersfield are affected by this ruling. It only relates to sofas bought from Land of Leather which were manufactured by the Chinese company Linkwise. All other claims against Land of Leather regarding sofas made by other companies are still on-going.”
Debra added that claims against other retailers such as Argos, which has already admitted liability for a certain ranges of sofas bought from its stores, were also unaffected.
In total, more than 4000 claims have been made across the UK for injuries claimed to have been caused by the anti-mould fungicide dimethyl fumerate (DMF), which is alleged to have been present in sachets on the inside of the affected sofas. Dimethyl fumerate is banned in furniture production in the EU.
“Land of Leather had actually admitted that some sofas made by Linkwise did contain DMF,” said Debra. “However, their insurance firm Zurich did a deal with the Chinese manufacturers and subsequently sought to repudiate the insurance contract.
“Customers who bought Linkwise sofas could still sue Land of Leather but as that company is in administration, unless the customer purchased the furniture with any kind of credit agreement, it is highly unlikely they would actually recover any compensation. That is why the recent High Court ruling has come as such a bitter blow.
“Land of Leather has denied that dimethyl fumerate was present in other sofas made by companies such as Premier, and tests are now being carried out to establish whether that chemical or another which could cause similar injuries was there or not. Those clients who bought sofas from Argos where responsibility has been admitted are awaiting agreement of a protocol for assessing the extent of the injuries so a tariff can be set on the appropriate level of compensation.”
For more information, visit www.raleys.co.uk.
Ends
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