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#
Oh phew, I didn't think so but also just wanted to check before giving my opinion since you were/are the injured one. I would be sad if my someone sued those guys!
@oheyitsd started
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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#