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Baby stroller badly designed.

Discussion in 'Accidents, Injuries, Negligence' started by erika, May 29, 2001.

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  1. erika

    erika Law Topic Starter Guest

    Baby tricycle badly designed.

    My 3-year neice was hurt this past weekend when she was being wheeled in a little toy tricylce that she was using. The brake is designed very poorly because it is in an awkward place and if you move the cycle backwards it may release. I think we should have been told before or at least in the instructions that the brake can release by moving the bike backwards. Fortunately she wasn't hurt but what happens if she was?
    Last edited by a moderator: May 29, 2001
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: Baby tricycle badly designed.

    In this instance it would appear that a victim could sue on the theory of a "design defect" in the product liability area of tort law. The plaintiff may be able to recover if it is shown that the product was negligently designed so as to be unsafe. There is also another legal question as to whether there is a duty to warn in this circumstance but it would all be covered in the area of products liability. Let's be glad that no one got hurt seriously. You can feel free to mention the product if you feel that it would benefit others and might even want to write a letter to the manufacturer. Regardless... don't use the product if you feel it is unsafe!

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