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Defective Sofas: The importance of product safety

By Katrina Elsey

Published In: Personal Injury Claims, Defective product injury compensation

Hidden dangers in everyday household items can have serious consequences, particularly for children. In a recent case, resulting in a successful personal injury claim , we see how a product that should have been safe for family use, instead caused an avoidable injury. This case also demonstrates how the law can be used to hold retailers and manufacturers to account when products fall below acceptable safety standards.

woman sat on sofa using laptop and phone

The Background

This case arose from an accident involving a young girl, who was injured in October 2023 at her family home. The client suffered a cut to her knee after catching it on a staple which was protruding from a sofa. The sofa was an everyday household item, purchased from Sofology, a retailer which forms part of the DFS furniture chain.

What initially appeared to be a minor household mishap was later found to be the result of a dangerous and defective product.

The injury

As a result of the protruding staple, the client unfortunately sustained a laceration to her knee. The injury was treated at home with first aid, analgesia and butterfly stitches. Although there was no need for formal medical treatment, the injury took around four weeks to resolve, which resulted in the client being left with a permanent scar.

Our medical expert confirmed that the injury and resulting scarring were consistent with the circumstances of the accident described.

The claim

Following the accident, the client’s mother raised a formal complaint directly with the sofa company. The sofa was subsequently replaced, however the defendant never formally admitted liability for the injury.

Despite this, our personal injury claims team were able to successfully pursue a claim on our client’s behalf under the Consumer Protection Act 1987, on the basis that the sofa was unsafe and defective. Under this legislation, manufacturers and retailers can be held responsible when products placed on the market do not meet the safety standards consumers are entitled to expect.

After negotiations, the claim was successfully settled, securing compensation to the client for the pain, suffering and lasting scaring she experienced due to the defective product.

Why this case matters

This case highlights the critical importance of product safety, particularly when it comes to everyday household items. As a consumer, you are entitled to expect that any product brought into your home should be free from hidden defects, and safe for use by all family members especially young children.

Our client suffered a painful injury that resulted in a permanent scar. While compensation was an important outcome, a successful claim is also about accountability. Legal action of this nature plays a vital role in encouraging manufacturers and retailers to maintain rigorous safety standards, helping to prevent similar injuries and defects from occurring in the future.

There is a clear legal duty for all manufacturers and retailers, in order to ensure that products are safe for use before they reach the public. When they fail to do so, the law provides protection for injured consumers.

How we can help

If you or your child have been injured by a defective or unsafe product, our personal injury solicitors can help. You may be entitled to bring a claim, even if the retailer or manufacturer at fault does not admit liability.

Our team has experience handling a wide range of product liability and personal injury claims and can guide you through the process with clarity, care and compassion. If you would like advice on whether you may have a claim, please do not hesitate to get in touch with our team.

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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