In 2023, over 1,000 recalls were issued for vehicles, car seats, tires, and RVs, representing a significant danger to children’s safety [1]. Defective child seats may result in serious injuries and even death for children during a car accident, which is why it’s important to hold manufacturers and distributors accountable for negligence.
A dangerous products lawyer from Rosenfeld Injury Lawyers can help parents achieve compensatory damages for defective auto seats, negotiating with the manufacturer to receive a fair settlement.
Types of Car Seat Defects
Child car seats are a critical safety product. The National Highway Transportation Administration estimates a child’s car seat can reduce the risk of death by 71% in infants and 54% for toddlers [2].
However, this assumes the child safety seat is working properly. There are a number of potential defects that may occur in a car seat, including the following.
- Defective Latches – Both children’s car seats and booster seats may latch into the vehicle seat itself. The rear seat of most vehicles has a specialized LATCH system that will hold the car seat in place. This system includes a latch in the seat tracks and an anchor on the back of the seat [3]. However, if the latches on the child car seat become disengaged, the child may be seriously injured in a crash when their seat falls off the back seat.
- Malfunctioning Buckle – Defective buckles can include chest clips or the buckle on the vehicle seat itself. They may become dislodged during a car accident or be made so that children can unbuckle themselves.
- Weak Harness – Child vehicle seats often have a chest harness that is made of the same material as an adult seat belt. Should the webbing fail during an accident, it can result in severe injury to the child.
- Defective Seat Belt – A booster seat is meant for children age 4 and up to help them use the typical seat belt. It should always be installed in the back seat, as children should not ride in the front seat until age 13 [4]. Booster seats may not latch into the auto seat itself, meaning an issue with the car’s seat belts may lead to malfunctions in car accidents.
- Defective Handles – Many infant car seats come with a handle to allow the parent to carry the child to and from the vehicle without getting them out of the seat. A weak handle may cause the parent to drop the carrier.
- Unstable Base – Portable auto seat models allow the seat to detach and be used as a carrier. If the base fails to click in correctly when the child seat is placed on top of it, it could become detached during an accident.
- Insufficient Padding – Like a typical car seat, a children’s auto seat should have padding to protect the child during a crash. Seats made without sufficient padding may fail to cushion the child during a collision.
Liability for Injuries Suffered From Defective Child Car Seats
Children’s auto seat defects can lead to significant injuries in the event of a crash, meaning it’s crucial that those responsible for this negligence be held accountable. Our law firm will seek out all potentially liable parties, which often include the following.
Product Manufacturers
Manufacturers are held accountable for the safety of their products, including performing adequate testing. They must present evidence their product works as expected and does not pose a risk to users.
If the car seat manufacturer failed to recall a defective car seat or did not inform consumers a product was recalled, they can be deemed negligent.
It is also possible to sue manufacturers who made false claims of child safety. As an example, the Evenflo booster seat lawsuits are based on the fact that Evenflo claimed their products were side impact tested, even though subsequent testing showed they had serious defects that may have injured a child [5].
Baby Trend, another manufacturer, is also being criticized for claiming its booster seats can be used by children 30 pounds and up, despite evidence they are only suitable for children 40 pounds or larger [6].
Parties Who Have Altered The Vehicle
In some instances, children’s car seats are altered or tampered with by other people, such as those who make unsafe alterations to a vehicle before selling them to another party. This can include removing auto seats, damaging the LATCH system on the rear seat, or compromising the webbing on seat belts so that a booster seat no longer works as recommended.
Any such defects should be disclosed to buyers so they can ensure car seats will function properly. If they fail to do so, they can be held responsible.
Car Distributors and Dealerships
Car distributors and dealerships are also responsible for any potential defects that will compromise the safety of other products, including car seats.
If they are aware of a recall that may impact the utility of car seats, they should promptly inform consumers their vehicle has been recalled and provide repairs as recommended by the recall instructions. Failing to do so puts children at risk and implicates them in their injuries.
Can I Sue for Child Car Seat Defects?
Yes, you can sue the responsible party for a defective car seat, and our law firm will assist you in doing so. We will thoroughly investigate the matter and identify the liable parties so you can receive justice.
Common Injuries Due to Defective Auto Seats
Common injuries caused by a defective car seat include:
- Head injuries
- Brain damage
- Spinal cord injury
- Neck injuries
- Bruises and contusions
- Broken bones, including broken ribs
- Cuts and lacerations
- Internal injuries
- Death
The Role of a Child Car Seat Lawyer
When you start an attorney-client relationship with Rosenfeld Injury Lawyers, our law firm will assist in all facets of a defective car seat claim. This includes:
- Free Case Evaluation – We will assess whether you have a case, how much it may be worth, and who could be held accountable.
- Investigation – Our team will examine various evidence, including medical records, crash reports, recall histories, safety recommendations for the car seat model, and relevant cases related to yours.
- Expert Consultation – We will contact experts, such as medical professionals, accident reconstructionists, and child product safety experts, who can support your argument.
- Negotiations – An accomplished lawyer will negotiate with the relevant company and its insurance provider to reach an agreeable settlement taking all factors into consideration, such as the extent of your child’s injuries and the impact the injury may have on the child’s development.
- Trial Representation – If we cannot reach an agreement with the company and their insurance, we will file a lawsuit and take the matter to court, arguing your case in front of a judge and jury.
You Have a Limited Time to File Your Car Seat Defect Claim
Unfortunately, lawsuits related to defective child car seats do have an expiration date, making it crucial to act fast.
The statute of limitations for product liability claims is typically two years, the same as for personal injury cases, though this can vary by jurisdiction. Since it takes time for our law firm to thoroughly investigate all aspects of the child seat defect, contacting us as soon as possible after the event is important to ensure we have adequate time to negotiate before filing a lawsuit.
Proving Your Claim With The Help of a Car Seat Attorney
With auto seat defects claims, four factors are used to prove negligence on behalf of one or more parties. This includes:
- Duty of Care – The liable party was responsible for protecting the public by ensuring the car seats functioned properly.
- Breach of Duty -The liable party failed to prevent harm through improper testing, alterations to a vehicle, or failure to inform consumers of recalls.
- Causation – This lapse in judgment led to defective car seats reaching the market, which led to the child’s injuries.
- Damages – You and your family suffered losses as a result of the liable party’s negligence.
Compensation You Can Recover
Our car seat lawyers can help you obtain two types of damages: economic and non-economic.
Economic damages are for financial losses, such as:
- Lost wages from caring for your child
- Medical bills
- Future medical expenses
- Property damage
- Funeral expenses
Non-economic damages consider the impact of the accident on your family’s life, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
- Grief
The amount you can receive depends on the severity of the injuries. For example, a child with a spinal cord injury may receive a higher settlement than one with minor injuries.
The Cost of Hiring a Car Seat Defect Attorney
We work on a contingency fee basis, meaning our fees are deducted from your settlement. This means there are no upfront costs to pay when you work with Rosenfeld Injury Lawyers.
Contact Our Car Seat Attorneys Today!
At Rosenfeld Injury Lawyers, we are committed to protecting the public from defective products, including car seats, and we have recovered millions on behalf of our clients. Our contingency fee basis means all parents can get top-notch legal representation, no matter their financial situation.
If your child has been injured as a result of a faulty car seat, schedule a free consultation with one of our top-notch legal representatives by calling (888) 424-5757 or visiting us online.
Resources: [1] Traffic Safety Marketing, [2] National Safety Council, [3] Children’s Hospital of Philadelphia, [4] Parents, [5] Reuters, [6] ProPublica