It’s always sad to hear of instances where people are seriously hurt in accidents or incidents that were not their fault; and even more so when the victims are infants or children. But what’s nice to hear is when justice is finally served, and the victims of negligence receive the payouts they duly deserve!
So in a combination of the above, does anyone recall the Maclaren buggy cases? We at The Injury Lawyers have actually authored a few blogs on this story, and we are pleased to report that according to sources from Sky News, UK victims of the defective pram – that caused the infant users to sustain serious lacerations, fractures and in some cases complete amputation at the end of the finger – from the dangerously exposed hinges of the fold up push chair will receive compensation for their suffering!
It’s great news, as the injuries have left many of the tender aged victims with permanent scars and damage!
For those of you who are not familiar with this story, there was a mass recall of one million of these types of prams in the U.S. when children were sustaining bone fractures, deep lacerations and finger amputations caused by the hinges of the buggy in question when it was erected. Despite the recalls and the number of instances, a recall has never been made in the U.K. Hinge covers have been provided as a preventative measure, but for many in the U.K. it is too little too late; the damage is done.
So what happens now, and what are the terms of the payouts? Well, the source notably informs that Maclaren has refused to accept liability for the instances, but will award full damages to the victims through its legal firm Russell Jones & Walker. It appears that the blame is not to be attached to the parent opening the buggy, and will remain fully with the makers – of which it is not just Maclaren, according to the source.
And what of the compensation?
Well, the source does advise that each case will be assessed individually, and any compensation awarded will be invested until the child reaches 18. The only way a claim can be valued is with specialist medical evidence, therefore each child will be seen by an appropriate expert, dependent on the extent and the nature of the injuries sustained, and a report will be produced.
Normally the case is brought to the courts for an “Infant Approval Hearing” in order for a judge to determine the amount the claimant is entitled to. The reason for this is that it is the claimant’s choice whether to accept any offers received from the other side.
If the claimant is under the age of 18 and therefore not legally classified as an adult, they cannot represent themselves and therefore are not in a position to accept of decline any offers. They must have a parent or guardian (known as a Litigation Friend) acting on their behalf, however, the Litigation Friend cannot normally agree to any offers because the compensation ultimately does not belong to them; it would be unfair for them to make the final decision. A judge of course is the right person for the job!
And it is also a normality for the compensation to be placed into a court held trust fund, which is accessible once the victim turns 18.
The reason for this is that the money of course belongs solely to the victim, and it would not be fair for a parent or guardian to receive it and choose what it’s to be spent on! And of course it would not be appropriate to award access to the damages until they are mature enough to handle the award – i.e. once they reach legal adulthood at the age of 18! The plus side of this is that the trust fund has a very healthy interest rate, so the victims do receive a little extra whilst they wait to be able to access it!
So, if your child has been injured as a result of the pram defect, it’s certainly worth contacting an independent, expert, personal injury solicitor (like ourselves) for the best advice on claiming for compensation!
