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Judge rejects 'toxic sofa' claims | Judge rejects 'toxic sofa' claims |
(30 minutes later) | |
More than 300 people who suffered burns from a chemical used on a Land of Leather sofa brand will not receive compensation, the High Court has ruled. | More than 300 people who suffered burns from a chemical used on a Land of Leather sofa brand will not receive compensation, the High Court has ruled. |
The chemical DMF was used on Linkwise sofas made in China and sourced by Land of Leather but insurance giant Zurich refused to pay out. | The chemical DMF was used on Linkwise sofas made in China and sourced by Land of Leather but insurance giant Zurich refused to pay out. |
The court accepted a Zurich claim that the company had breached policy terms. | |
Solicitor Richard Langton, leading the group litigation, described the ruling as "a devastating blow for victims". | Solicitor Richard Langton, leading the group litigation, described the ruling as "a devastating blow for victims". |
Lawyers for Zurich claimed Land of Leather's deal with Linkwise breached the terms of its insurance policy and this was upheld by the Court. | Lawyers for Zurich claimed Land of Leather's deal with Linkwise breached the terms of its insurance policy and this was upheld by the Court. |
Mr Langton, senior litigation partner for Russell Jones & Walker, said: "A group of over 300 innocent people who sustained in many cases severe injuries, due to an admittedly faulty product, will receive no compensation. | Mr Langton, senior litigation partner for Russell Jones & Walker, said: "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." | "Consumers must beware that buying products made in China is potentially dangerous and if something goes wrong they have less chance of redress." |
He added: "Zurich's delay in notifying us added insult to injury by making our clients believe they would be paid. | He added: "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." | "Unless this decision is overturned on appeal by the Court of Appeal a great injustice will have been done." |
Land of Leather was placed in administration in January 2009 but a number of test cases covering sofas sold by the company which contained DMF and which were not manufactured by Linkwise, go before the court in May. | Land of Leather was placed in administration in January 2009 but a number of test cases covering sofas sold by the company which contained DMF and which were not manufactured by Linkwise, go before the court in May. |
These are being seen as a first step in assessing the compensation for those who suffered injuries. | These are being seen as a first step in assessing the compensation for those who suffered injuries. |