Claiming compensation for a Maclaren buggy child injury
In 2009, international retail giant Maclaren recalled one million buggies in the United States after reports of children being injured whilst using the product.
Many of the reports claimed that the children had injured their fingers in the hinges of the product. Due to the design of the buggy, if a child's finger is in the hinge while the product is being closed, the child's finger could be cut, broken or even amputated.
Maclaren claims that the buggy is safe once erected or if used with a hinge cover, which is available from them free of charge. Parents can request a hinge cover by emailing email@example.com.
Since the initial reports, 40 other parents have also reported incidents of their children being hurt whilst using the product.
What to do if a child is injured whilst using a buggy?
If a child is injured, medical attention should be sought as soon as possible.
The incident should be reported to the manufacturer along with the make and model number. If possible, photographs should be taken of the injury and the names and addresses of any witnesses should be collected. This will act as further supporting evidence in court.
Returning the product
The Sales of Goods act states that a product may be refunded or replaced if it is not fit for purpose or not of satisfactory quality.
However, it is possible that Maclaren may claim that there is not a fault with the product, and a court may agree that the free hinge covers available are suitable to remove the risk of injury.
An individual may wish to seek legal advice to see if they have grounds for receiving a full refund.
If a child has been injured as a result of a faulty buggy, then a parent may be able to make a claim. However, up to date, Maclaren has not admitted liability on the reported cases.
Nevertheless, the company has agreed to pay some damages dependent on the severity of the injury sustained.
Legal advice should be sought in the first instance to see if a claim would possible and the predicted compensation sum.
Quittance's expert panel of solicitors are dedicated to ensuring claimants receive the compensation they deserve.
If your child has been injured whilst using a buggy or pushchair or any other defective product, contact Quittance on free phone 0800 376 1001 or complete an online form and we will call you back at a time that is convenient for you.
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.