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oheyitsd-
Not at all, its not their fault. Surly/QBP specifically said the rack should not be used because of a fault in the design.
https://www.cpsc.gov/Recalls/2020/Surly-Bikes-Recalls-Bicycle-Racks-Due-to-Crash-and-Injury-Hazards#
spotter
British cycling's legal team offered to sue my LBS, but wouldn't take the case against surly/QBP as they're based in the US.
I should get round to writing them a letter.