The family of a man in Peckham have lost a huge compensation case against a drain cleaner manufacturer, following a plumbing tragedy that left him with “devastating brain damage”.
Adeniyi Ayannuga collapsed and was left permanently brain damaged after a friend poured some One Shot Instant Drain Cleaner down a blocked kitchen sink at his Peckham flat.
His “catastrophic” injuries were caused by inhaling hydrogen sulphide – a toxic gas which can kill in a single breath.
Plumber Tito Gbadegeshin, who was a colleague of Ayannuga, went to help his pal clear the blockage on New Year’s Day 2015, but died after also inhaling the toxic fumes.
Ayannuga’s family took a legal case to the High Court against the makers of the household drain blocker.
His wife, Oluyomi, blamed manufacturers One Shot Products Limited for the tragedy, alleging their product had reacted with another chemical in the drain to create the lethal gas.
Mrs Ayannuga claimed the unblocker “materially contributed” to the formation of the gas and was “defective”.
She wanted millions in compensation for her 58-year-old husband, herself and children.
One Shot Products Limited argued the hydrogen sulphide likely originated from a sewage pipe and was not caused by their product.
However, a senior High Court judge dismissed Mrs Ayannuga’s claim on 16 March, calling the incident a “tragic and unforeseeable accident”.
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The High Court heard that, after an unsuccessful attempt to unblock it with a plunger, Gbadegeshin poured the drain unblocker down the plughole. He then disconnected some sink pipework and left the kitchen, leaving the acid to take effect.
Gbadegeshin later returned to the kitchen and crashed to the floor.
Hearing the bang, Mrs Ayannuga called her husband, who went into the kitchen and collapsed, followed by his wife who also fainted.
Both husband and wife were “overcome” by the fumes and lost consciousness.
The family’s barrister Simeon Maskrey QC claimed the drain unblocker must have reacted with lime sulphur in the sink, creating the deadly gas.
But lawyers for One Shot Products Limited said this was “implausible” and that it was more probable gas from the sewer had flooded the kitchen.
In her ruling, Justice Yip said the Ayannuga family’s claim that the drain unblocker caused the toxic gas would depend on the presence of lime sulphur, which is found in certain beauty and pet products.
However, she rejected the possibility lime sulphur was present in the sink.
“The claimant’s case that lime sulphide had been poured down the sink after it became blocked is implausible,” said Justice Yip.
She added: “On the other hand, the defendant’s theory that sewer gas escaped from the waste system when Mr Gbadegeshin removed the pipe is scientifically sound and is consistent with what is thought to have occurred in other tragic and rare instances.”
Previous cases of hydrogen sulphide poisoning in homes have been linked to gases released when people unblock sinks, she continued.
This means Mr Gbadegeshin’s removal of part of the sink pipework was more likely to be behind the tragic accident.
Justice Yip concluded the drain blocker was “coincidental” and did not make a “material contribution” to Gbadegeshin’s death or the injuries sustained by Ayannuga.
The judge also found the One Shot product – which now requires a licence to purchase following concerns about unlawful use – is not defective or unsafe.
Justice Yip said: “The Ayannuga family have my utmost sympathy.
“I extend that sympathy also to those who mourn the loss of Mr Gbadegeshin.
“I know the trial was not easy for Mrs Ayannuga and the outcome will be bitterly disappointing.”