Pushchair injury compensation claims
In the following article we set out what you should know about making a pushchair injury compensation claim.
Pushchairs and prams are designed with strict safety measures in place to ensure safe use. Both the child riding in the pushchair and the adult pushing it should be safe from harm during use.
However, personal injury solicitors are familiar with a long history of defective product claims and product recalls affecting major pushchair manufacturers.
- Trapped fingers in the folding mechanism
- Injuries to the child caused by total collapse of pushchair
- Faulty wheels causing the pushchair to fall or crash resulting in injury
If a pushchair has a defect which injures either a child or an adult using the equipment as intended (for example, as directed in the product manual), a claim against the manufacturer may be possible.
If a retailer sells a pram or pushchair that the retailer should have known was defective, for example following a recall, it may be possible to make a claim against the retailer.
I have a strong claim - why won't a solicitor take it on?
If the pushchair injury is found to be a result of a design or construction fault, a compensation claim would be made against the company responsible. Under legislation including the Consumer Act 1987, the designer or manufacturer has a duty of care to ensure that users of the pushchair or pram can do so safely.
To prove that the designer or manufacturer was negligent, it will likely be necessary to examine the pushchair to assess its safety. Pushchair models in the past have been recalled as a result of injuries, in order to avoid further risk to other users of the pram.
Claiming on behalf of a child
A parent or guardian can make a claim on behalf of a child. The person handling the claim for the minor is known as a litigation friend. Compensation agreed or awarded as the result of a successful claim on behalf of a child may then be put into a trust for the child to claim when they reach the age of majority.
Whether a child or adult has been injured, a medical professional will need to assess the long-term impact of the injury. For example if the child has injured a finger or hand, this may affect their dexterity during formative years, which may have an impact on their education and quality of life.
If a collapsed pushchair has caused facial injuries that may cause scarring, this could have an impact on the child's self-esteem.
While injured children are unable to claim for loss of income, if the parents have had to take time off work to care for their child or accompany them to medical appointments, they can claim this back in compensation.
The national network of QLS solicitors take on all types of personal injury claims, from short-term injury cases to long-term injuries. Chosen on the basis of their track record in recovering compensation, our lawyers have years of dedicated experience handling claims on behalf of injured claimants.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
Read more about this Quittance Legal Expert