Under the Sale and Supply of the Goods and Services Act 1982, there are implied terms that goods or services sold will be of satisfactory quality and fit for the purpose they were intended and provided. If a retailer provides faulty goods which subsequently cause injury, then the injured accident victim could pursue a personal injury claim against the retailer.
Recently Maclaren USA have issued protective hinge coverings for a range of pushchairs in the UK after it was found that uncovered hinges were causing injury to children’s fingers, in some cases cutting off tips of fingers. Potentially parents of children injured through normal use of the pushchair could pursue a personal injury claim against Maclaren on behalf of their injured children. Maclaren have not recalled the pushchairs.
Ikea, on the other hand, have recalled a children’s high chair after reports that the locks securing the seat on the “Leopard” high chair can give way, causing a child to fall through the frame. Parents reported one child had sustained bruising after falling through the frame and there were concerns that the detached locks could become a choking hazard. Ikea will provide refunds to any parent who has bought the seat and wishes to return it.
Lawson-West are still pursuing personal injury claims on behalf of a number of people who suffered severe allergic reactions after buying leather sofas that contained an anti-mould agent, DMF. Lawson-West were able to pursue these personal injury claims because the sofas should have been of satisfactory quality and fit for their intended purpose. As our clients were left with sofas they could not use without triggering severe allergic reactions, some of which caused blistering and burns, then they were able to claim compensation for their injuries.
