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'Toxic' sofa claims rejected by judge

Published: 25 March 2010
Customers who bought 'toxic' sofas from Land of Leather will not receive compensation, the High Court ruled last week.
'Toxic' sofa claims rejected by judge
The Chinese-manufactured sofas, also sold by Walmsley Furnishing and Argos, contained the chemical DMF, which caused skin allergies, rashes and burns on more than 4,000 people.

More than 300 of those purchased the products from Land of Leather, which went bust in January 2009.

They took the company's insurer, Zurich, to the High Court to sue for up to £3m in compensation, but Mr Justice Teare has ruled they are not entitled to any money.

Despite all three retailers previously admitting liability, in March last year Zurich announced they would not provide insurance cover for Land of Leather as the company had breached its terms of policy with them.

The retailer had struck a deal with one manufacturer which they claimed breached a condition of the policy and this claim has now been upheld by the courts.

Richard Langton, senior litigation partner at Russell Jones & Walker, is leading the group litigation against the three retailers.

He said: "This is a devastating blow for victims who purchased their sofas from Land of Leather, all of whom believed for almost 12 months that Zurich were going to pay out. A group of over 300 innocent people who sustained in many cases severe injuries, due to an admittedly faulty product, will receive no compensation.

"Consumers must beware that buying products made in China is potentially dangerous and if something goes wrong they have less chance of redress. Zurich's delay in notifying us added insult to injury by making our clients believe they would be paid. Unless this decision is overturned on appeal by the Court of Appeal a great injustice will have been done."

The case continues for the several thousand customers where insurance cover remains in place.

Comments

Published prior to March 2014
By Bob Giblin
It would appear that there have been a number of recent successful claims for consumers suffering due to toxic sofas according to http://www.sofarash.co.uk
Published prior to March 2014
By Danny Morgan
I have just read the press reports of the High Court action and am appalled that Zurich Insurance are trying to escape their moral responsibility through what looks like a purely technical legal loophole. This will stain their reputation and damage their brand - and serve them right - but what s really distressing is that it also damages public perception of insurance companies in general. I work in the industry and have seen the enormous efforts being made by the ABI and others to make treating customers fairly a reality, rather than just lip-service to regulation. The Zurich's action quite frankly knocks down a lot of hard work and tarnishes, yet again, an industry who are not all hard hearted money-grabbers (apart from me that is). I really feel like weeping .

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