High court orders compensation for hundreds of customers injured after buying ‘toxic sofas’
The High Court has ruled that hundreds of customers who were injured and burned by "toxic sofas" manufactured in China are to share a payout totalling up to £20m.
At the Royal Courts of Justice, Mr Justice MacDuff ordered that some 1,650 people who suffered painful medical complaints owing to the presence of a highly sensitising chemical called DMF (dimethyl fumarate) in leather sofas manufactured by the Chinese companies Linkwise and Eurosofa, would finally receive compensation for their injuries.
The court heard that a "claims handling agreement" had been reached which could "potentially benefit" between 1,500 and 2,000 claimants through a series of "swift" payments.
Toxic Sofa Symptoms
The case is believed to be the largest consumer group litigation in UK legal history. Claimants suffered severe skin or eye complaints, breathing difficulties or other medical complications, after exposure to DMF.
The group action was launched against the three retailers of the affected sofas. Argos, Land of Leather and Walmsleys all admitted liability. Following today's ruling, victims will now receive compensation payouts, expected to be between £1,175 and £9,000, depending on the severity of their symptoms.
But 350 customers of Land of Leather, which went into administration in January 2009, will miss out. Although liability had been admitted, a decision was made by the retailer's insurers, Zurich, not to pay out on claims relating to products made by the manufacturer Linkwise, citing a breach of their policy. This decision was upheld by the courts last month and is being referred to the court of appeal. Legal proceedings are ongoing for 3,000 cases in which liability remains disputed.
The EU has now banned the use of DMF after consumers in at least five European countries suffered skin burns and breathing problems due to the chemical used in numerous imported leather products.
Kim Smerdon, a leading personal injury solicitor at Reading based law firm Boyes Turner said "We are acting for hundreds of people who have been injured and burned by these "toxic sofas" and we believe that many sofas are still in use with DMF in them. If you are already suffering from or start to develop symptoms you should seek urgent medical advice. If you have not yet registered a claim we urge you to seek legal advice as soon as possible - time is running out to bring a claim."
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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