Maclaren have moved to provide new safety kits for their pushchairs after parents indicated their concerns that children were suffering injuries trapping their fingers in the hinges.
According to the BBC, the company had originally stated that despite issuing the kits in the US, they would not be following suit with a UK equivalent. However, now the covers, which will be free, will be sent out to parents who request them.
Maclaren’s original decision was based on the fact that the number of injuries suffered in the UK was considerably lower than in the US.
However, Maclaren have stated that its pushchairs complied with the “highest quality and regulatory standards” and were safe if used in compliance with the instructions.
The Consumer Protection Act 1987 is the legislative authority in the UK regarding defective products. The legislation covers all consumer goods and protects purchasers who may be harmed by defective products.
Companies have a huge responsibility to make sure that products are safe but the responsibility does not just lie with the manufacturer. There is also a risk that distributors such as shops could be found liable for selling defective products to consumers.
Indeed, section 2 of the act states:
“where any damage is caused wholly or partly by a defect in a product, every person
to whom subsection (2) below applies shall be liable for the damage.
(2) This subsection applies to—
(a) the producer of the product;
(b) any person who, by putting his name on the product or using a
trade mark or other distinguishing mark in relation to the
product, has held himself out to be the producer of the product;
(c) any person who has imported the product into a member State
from a place outside the member States in order, in the course
of any business of his, to supply it to another.
It is unacceptable for a company such as Maclaren to simply attempt to sidestep liability for a defective product by stating that the product is safe if the instructions are complied with. When the product is being used by children the risks of injury are obviously going to be greater than for an adult.
Furthermore, it seems that Maclaren were made aware of the defect and yet were still happy to distribute it without attempting to correct the problem based on the fact that not many people had reported injuries. They should be doing more to limit the risks of injury.
