Dramatic new twist in sofas saga
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Over 500 people who suffered injuries from their Land of Leather sofas may not receive compensation, the High Court was told on Friday 27 March 2009.
It's the latest twist in a story Watchdog has been following since February 2008: the sofas that left thousands of people with horrific injuries.
Watchdog was the first to identify the cause of the problems - a sachet of a highly sensitising chemical called DMF that is placed in the sofas by the manufacturers to prevent mould growth.
Some 2,000 victims are now involved in a group action, most of whom bought their sofas from three main retailers; Argos, Land of Leather and Walmsley's. The three high-street stores could face more than £10m in compensation and legal costs, the claimants' lawyers say, making it "the largest group compensation claim ever seen in British Courts".
Three retailers admit liability
All three of the major retailers have admitted liability, and in a hearing held at the High Court on Friday 27 March, lawyers for Argos and Walsmleys's said they wanted compensation claims for proven injuries agreed as quickly as possible. This comes as a huge relief to customers who bought their sofas from either chain.
Pamela Dalton suffered months of agony when the sofa she bought from Argos left her with a painful rash on her legs and back. She's now likely to get several thousand pounds worth of compensation for the injuries she sustained. Pamela's delighted with the news: "I can close the book on it at last and that's a great relief", she told us.
No pay out
However, at the same court hearing Land of Leather's insurers, Zurich, dramatically announced that it wasn't going to pay out for the majority of the chain's customers, and possibly, none at all.
This leaves its customers uncertain if they'll ever get compensation for their injuries. Last year Mel Hackworth's daughter, Abbie, developed a painful rash on her legs caused by the sofa she'd bought at the Land of Leather. Mel now doesn't know if they'll get anything to compensate for Abbie's injures: "If it was their daughter who'd been in so much pain for months I don't think they'd be as quick to say "no, we don't want to pay".
The judge has given Zurich three weeks to confirm whether or not it will cover claims for those who bought affected sofas from Land of Leather. Richard Langton, the lawyer heading the action against the retailers, is disappointed with Zurich's behaviour. He told us that he hoped the company would, "reflect very hard in the next 21 days as to whether they seriously are going to refuse to pay compensation".
Total ban on DMF use
The EU has recently announced a total ban on DMF used in any products being imported into member states. The ban will become law on 1 May. The EU has also ordered a full recall of any products known to have contained DMF. What form the ban will take is up to authorities in each member state. BERR (the government department responsible).
When Watchdog spoke to Zurich it said: "First and foremost we'd like to express our sympathy for the pain and distress suffered by the individuals that purchased sofas affected by the toxic substance DMF.
"We announced at last week's case management conference that we would not be providing cover for some of the claims under Land of Leather's Product Liability policy, (Product Recall cover was not provided) following our investigations regarding the following:
- The circumstances in which the toxic substance (DMF) came to be used
by the manufacturers, Linkwise and Eurosofa. - The actions taken by the senior management of Land of Leather to react to the changing circumstances as the situation developed and the scale of the problem became apparent.
"Our investigations concluded that Land of Leather has breached the conditions of their insurance and therefore we've declined Land of Leather claims relating to Linkwise furniture, and any other furniture alleged to have caused injury as a result of exposure to DMF after 3 December 2008.
"We must stress that the decision to decline insurance on this occasion hasn't been taken lightly and it's only in very rare circumstances would we take such action. While the legal process prevents us from confirming these reasons for declining these claims at this stage, we can confirm that the issues involved were so fundamental to the insurance contract, that after consulting with our legal team, the decision was made not to grant cover.
"We'll provide further details regarding our decision to the Court and the claimant's solicitors, to ensure our position is communicated to those affected by this case.
"The claims that have been declined to date, represent about 20 per cent of the Linkwise claims."
Read the list of known affected sofas.
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I have just seen your show tonight I bought a sofa from walmsleys in oct 2007, my partner moved in with me in february 2008 soon after he came out in a rash all over his back and spred to his chest and stomach, my daughter moved back home with me and came out in hives very deep purple she was very hot and itchy for 2 days, luckily the symptoms subsided for my daughter but she still does have re-curring itchy ness and red hives/rash all over her body. am i too late to take any action on this matter? as my sofa is one off the list from wolmsleys.
please can i get some advice and direction as to whether i should follow this matter up?
thankyou
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I bought my sofa from another supplier, but found gel packets on the under-side of the recliners.
With regards to the recall - who determines what is safe and what is not?
I'll be calling my supplier in the morning.
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The programme yesterday referred to trading standards carrying out a recall.
There are only 4500 trading standards staff nationally (including admin and management) with some London Boroughs down to 2 officers and all with very limited budgets.
If each Authority has to carry out the recall with all the costs of advertising then there will be further job cuts; however there is no overall national TS authority with the power to deal with recalls.
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We bought a Turin 2517 leather sofa from Land of leather approx. 5 years ago, we haven't had any problems, but it is on the list. Is it likely to be affected?
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Thanks Watchdog - I have an Argos Bari and also suffer from skin rashes. Months ago, I got a letter from Argos and the batch numbers didn't match so I kind of dismissed the connection.
Been visiting the GP's and hospital for a while and watching your programme last night triggered the connection, spoke to a great guy at rjw claims and guess what, I am contaminated!!
I suggest anyone to contact enquiries@rjw.co.uk
Oh and they told me the only way to git rid of my rashes is to get rid of the sofas! Argos are apparently gonna call me before friday to take the sofas back!!
Thanks Watchdog.
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I purchased a sofa back in 2003 from [retailer removed], and after what seemed to only be a few weeks i had a massive rash on my leg, went to the docs and was told an allergic reaction to something, gave me creams etc..
could this be one of the sofa's with the packs in?
how far back are they planning to recall the sofas?
will they replace, or refund etc..
also my sofa is not on the list of affected ones, but i strongly believe that mine is one of them, i have called [retailer removed] helpline, and they dont really seem to be very helpful,
is there anyone that could answer my queries?
many thanks
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I bought a sofa from Land of Leather a few years back. We didn't keep the receipt. My wife & I have noticed itchy skin but assumed it may have been washing powder. This report indicates that the sofa could be the cause. It would be helpful if your report could show how we could get this tested. Obviously we don't want to get rid of the sofa, but if it is likely to cause health problems we have no option.
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i bought a sofa in july last year but i'm not sure of the name of it how will i be able to find out if it is one of the infected ones. a few months ago while cleaning i found a big pack of the stuff on the floor under my sofa
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I have two sofas from the land of leather.Does anyone if they can be made safe!because mine are in Spain.
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I have just taken delivery of my Sloane recliner sofa and chair in black leather, having checked the recliner action I noticed a warning sticker and it says the sofa was made in China. Although I purchased these items through [retailer removed] would this sofa be affected, I am experiencing itchiness but dont know whether thats just psychosomatic because I have learnt the furniture was made in China or if this is the start of serious things to come?
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I've had my XL/Freedom Flights claim from CAA declined - and been told to go back to the travel company. Feel pretty aggrieved - affected by the sofa rash, SpeedFerries collapse, this one and a boiler central heating contract failure. Am I just unlucky or what?
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i bought a sofa from land of leather i was so ill i was in hospital for a week and of work for 2 months its a disgrace if i dont recieve any compo i think if they dont pay now what if anything goes wrong with 1 of the other companys who are insured with them how do they no they are goin pay again making exuses.
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is it all sofa`s made in china that are affected as i bought one in 2007 from [retailer removed] & my wife has been suffering from a rash all over her body for 3 months now! have spoken to [retailer removed] liquidators & they say it isn`t one on their list! But the label says made in CHINA.What can i do as i am sure it is the sofa!!causing the problems!
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We bought 2 reclining sofas and a chair from Land of Leather 2 years ago. Over the last few months our daughter started getting a rash. We put 2 and 2 together and called claims direct.
To cut a very long story short - our daughter is now under the care of a dermatologist - the sofas are in storage and our social worker has been kind enough to find us a temporary suite until we get some form of compensation back.
It is unfortunate that Land Of leather have gone into administration. They told us the sofas were made in Italy - and we have found stickers underneath the sofas which say 'Made In China' - Land of Leather have not treated their customers with the respect they deserve.
We just hope and pray that there will be a solution soon.
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