‘Clunk, click, every trip’ (but remember to follow the manufacturer’s instructions!)

Posted 09/05/2012

In a recent High Court decision, a mother was held to be partly to blame for her child’s injuries having used a child booster seat to restrain her child on a car journey instead of a child seat.The Judge found that the injuries sustained by the three year old in the car accident would have been largely avoided if a child seat had been used. As it was, the child was on a booster seat which, according to the manufacturer’s instructions, was not suitable for someone of this age, height or weight. Whilst it was accepted that the defendant driver was to blame for the accident, the Judge found that if the child had been appropriately restrained in a child seat she would only have suffered slight injuries.The Judge’s view was that whilst manufacturers’ instructions should not be the only factor in determining who is to blame for someone’s injuries; where the instructions are clear, they should be followed. In this case, he ordered that the child’s mother should contribute 25% towards her child’s compensation.Tom Ranson, a member of the personal injury team at Ashtons Legal, comments: “It is important that we take appropriate safety precautions when travelling, both in relation to ourselves and those in our care. Indeed, the message is obvious and clear: follow safety instructions.”