It’s never nice to be injured in an accident, or injured through the fault of another person or company. And it’s perhaps worse when a child is the victim of an accident through the negligence of another person or company.
And according to sources from The Mirror (source), youngster retail giant Mothercare has withdrawn two models of buggies from its shop floors after the manufacturers admitted the buggies posed “a serious injury risk to toddlers.”
US firm Step2 requested the voluntary recall, and Mothercare have since removed blue Whisper Ride buggies and pink Push Around buggies from Early Learning Centre stores nationwide. The recall follows 28 reports of injuries in the US after the handles on the buggies became detached, resulting in two of the victims requiring medical attention.
It appears fortunate so far that there are no stories emerging of serious injuries! Such a defect could potentially be fatal; although a rather grim perspective on the situation, it would have been an absolute tragedy if a buggy had become detached from the handle nearby a busy roadside…
In a statement from Step2, it was advised that the buggies pose a “serious of injury to children.” It was further advised “Consumers should stop using recalled products immediately and contact Step2 for a free repair kit.” Let’s hope that no one is seriously injured or hurt in not hearing about the recall soon enough.
So what happens if a young child is injured as a result of the defective buggy? Well, they would be eligible to claim for compensation! Under the Sale of Goods and Services Act 1982, all manufacturers, providers, and sellers of goods and services must ensure the product or service they provide does not cause any harm to users. Failing to do this leaves them liable for any suffering and loss sustained by the victim; and a claim can be brought against them.
For all claims where the victim is under the age of 18 (and therefore a minor in the eyes of the law), the claimant victim must have a Litigation Friend representing the victim for the case. Usually this is a parent or guardian, and they are responsible for assisting and corresponding with the solicitor for the duration of the claim. One thing a Litigation Friend cannot usually do however is have a substantial say in the level of damages awarded to the victim.
Any offers received in a claim can be accepted or declined at the will of the victim; we solicitors of course will provide you with the best advice as to what to do! But ultimately the decision rests with the victim. It would of course not be fair for a Litigation Friend to accept or decline an offer on behalf of the victim, as the victim themselves may have wanted to do take a different course of action; and realises this when they are older.
So, we simply resolve this issue by taking the case to an Infant Approval Hearing – where a qualified Judge with the experience to assist will assess the level of compensation and will judge the amount. That way we guarantee the victim get the maximum compensation they are entitled to recover!
So, what should you do if your child (or yourselves of course) have been injured in an accident that wasn’t your fault? Seek advice from an expert firm of specialist personal injury lawyers for the highest quality advice on claiming for compensation!
