West Midlands Man Receives Compensation In Product Liability Case
02/09/2009
A West Midlands pensioner has successfully claimed a four figure out of court settlement after suffering severe chemical burns and skin sores from a new leather sofa which contained high levels of a toxic pesticide.
There are currently several thousand product liability claims currently being investigated after angry consumers sought legal action following health problems which were linked to leather sofas. The sofas, imported from China, were found to contain high levels of the toxic fungicide, di-methyl fumarate (DMF).
68-year-old Maurice Heminsley from Willenhall was represented by Irwin Mitchell, specialist product liability lawyers, who managed to secure one of the first successful payouts to a UK ‘toxic sofa’ victim.
Mr. Heminsley purchased the £1,100 leather sofa in November 2007 from independent furniture retailer Furniture Warehouse in Dudley.
Days after the delivery of his sofa, Mr. Heminsley started to suffer from a rash which spread across his back, neck and legs. The rash developed into weeping, open sores which would not heal. After months of discomfort, Mr. Heminsley was finally hospitalised in February 2008 where he was treated for acute contact dermatitis.
His sister, Joyce Barham, explained: “He was in a terrible state. He had been suffering for more than a week before he finally confided in us that he had a painful rash. “Because the rash was on the back of his shoulders and legs he was unable to see the full extent of his injuries, but when we saw the horrific open sores we were in shock. He had been in so much pain but, as is typical of him, he hadn’t complained as he didn’t want to make a fuss.”
As well as receiving a four-figure sum for his injuries, Mr. Heminsley was also refunded the full amount of £1,100 which he paid for the sofa from Furniture Warehouse, who did not contest liability.
The leather sofas imported from China, were sold throughout 2007 and early 2008 in retailers such as Argos and Land of Leather, as well as independent retailers. They had been packed with sachets of the chemical DMF, which acts as an anti-mould agent, to prevent the furniture going mouldy in humid transport conditions.
Miss Toni Long, a solicitor with Irwin Mitchell, who represented Mr. Heminsley, said:
“Consumers quite rightly expect certain standards to be met throughout every stage of the manufacture and packaging process.
“As of 1st May 2009 the European Commission has banned products containing the biocide DMF from being placed or made available on the market.
“The responsibility for the recall of all known products, which have been sold that contained DMF, has been placed on local Trading Standards. It is hoped that the larger retailers involved in legal action over ‘toxic sofas’, will be able to move swiftly towards settlement of the large number of similar claims against them.”
Mr. Heminsley commented: “The settlement means I can now put this really painful episode in the past and move on with my life. However, I’m annoyed that more wasn’t done to protect consumers. I think more should have been done to withdraw them from sale as soon as the manufacturers knew there was a problem.”
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