Sliced off finger in pram

[HenriettaChicken]

We were given our friends Phil & Teds sport buggy which we have been using since April.

This morning when opening it up the pram sliced the top of my middle finger off down to the bone. I am having plastic surgery later to sew it up. It is my dominant hand. The technical term is 'partial amputation' as the top of finger is still 'hinged'.

Where do I stand legally, as pram was a hand me down?

Thanks!

[prh47bridge]

If the buggy was manufactured between April 2008 and June 2010 it was subject to a recall in January 2011 following cases where the frame lock was not utilised and an adult injured a finger in the hinge mechanism. They provided a self-fit hinge cover to rectify the problem. Full details of the recall can be found here.

What do you want to happen legally?

[HenriettaChicken]

Thanks for the response, prh.

Interestingly the recall was a while before we got the buggy. I wonder how well advertised it was, as our friends would have been using it then, with a child with SN, and wouldn't have taken any risks.

I'm not yet sure what I want to happen legally. It probably depends on the prognosis for my finger (having surgery this pm). But it's a pretty significant injury, and my DH has had to take time off work to look after me and DS.

I'm not happy using the buggy now - with a safety guard or not - and we're not exactly flush to buy a new one (I've been on mat leave a while...)

Having said that, I'm not money grabbing. I'm just looking to see what my options are.

[FireOverBabylon]

Sorry Henrietta but I suspect any claim you have would be against your friend, who didn't fit the free self-fit hinge cover offered by Phil and Ted, rather than against the company itself because they did make reasonable attempts to notify customers of this fault. I'm guessing that you aren't going to want to sue your friend.....

[HenriettaChicken]

Absolutely not! They are lovely & generous people trying to help.

I did wonder if that might be the case...

[Feckbox]

YIKES! Hope you are ok.
My friend who is a dentist and highly reliant on her manual dexterity had a partial amputation of a finger and made a full recovery.
I hope you do too.

[Ginda]

It's not right to say your only claim is against your friend. This sort of injury is covered by the law of product liability. I'm a lawyer but this is not my area, though I would recommend you do look into it. Try a bit of Google and consider making an initial appointment with a solicitor who specialises in this area (you can find one in your area by searching on the Law Society website).

[TakingTheStairs]

I am not a solicitor but did study law.
Would this not be almost a text book case when compared against Donoghue v Stevenson 1932 where as the manufacturer has a duty of care to the end user whether they were the person that bought the item or not.
What if HenriettaChicken had been a nanny using a buggy provided by and paid for by the employers, surely she would still be covered under tort law for that?

You might have a case against Phil & Ted whether it was you who bought the buggy or not. Whether you want to sue for compensation or just get a new buggy is up to you. I would speak to a solicitor.