The recall involves one million strollers.
The children placed their fingers in the hinge while the stroller was being unfolded. What is amazing is the scope of the design defect : it applies to all Maclaren single and double umbrella pushchairs.
The Consumer Product Safety Commission (CPSC) said it received a total of 15 reports of injuries with 12 resulting in the amputation of fingertips. The models involved include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller.
Notably, Maclaren is going to send a repair kit to families. Usually, such severe injuries result in a straight recall — rather than leaving it to parents to repair the product themselves. This could result in some interesting litigation if such “fixes” are improperly installed. The company must be quite sure that anyone can repair the chair if it is going to risk such foreseeable mistakes. At a minimum, the company should arrange for the chairs to be fixed at various stores during certain times.
Here is the recall notice.
Either way, Maclaren is looking at inevitable lawsuits. Under the federal rules, such changes in design or fixes are treated as “post-remedial” repairs and are generally barred from being used against the company in litigation. The rule is designed to encourage companies to make safety changes without fearing that the changes would be used as admissions against themselves in court. However, there is an exception to this rule when the alternative design or fix is used to impeach a witness or rebut testimony.
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