Child safety seat laws have changed over the years, and children under the age of eight years ride in a child safety seat as opposed to using a seatbelt alone. Additional clarity is provided by the American Academy of Pediatrics (AAP), which states that children should be in rear-facing seats until they reach 2 years of age. After that point, they can transition to forward-facing safety seats until they are 4 years old (or exceed the upper height and weight limit of the seat). After age 4 and 40+ pounds and possess the behavioral maturity to properly use a shoulder belt, children can transition to a booster seat with the adult lap and shoulder belt, which they should use until the adult lap and shoulder belt fit them properly without a booster (typically age 10-12).
Parents often spend time and resources scouring the internet for consumer reviews to find the ideal seat to protect their children in the event of a crash. However, infant car seats are not always perfect, as is evidenced by the various car seat recalls.
While a properly manufactured car seat can keep your child safe in the unfortunate event that an accident happens, a defective one can lead to severe injuries or even death. You should not bear the consequences of a defective car seat. This is why you should consult a personal injury lawyer who will evaluate your case and address your concerns regarding defective car seats.
Whether your child is secured in a child car seat or a booster seat, there is a range of issues that can pose serious risks to your child in the event of a collision. Some of the most common defects include:
Unfortunately, you may not know if you have a defective car seat until or unless you are in a wreck. Some of the most common injuries sustained by children due to defective car seats include:
If you believe your car seat is defective, visit www.recalls.gov to find out whether the brand’s model has been recalled. If so, the manufacturer is supposed to fix or replace it. If it has not been recalled, report the problem to the manufacturer as well as the NHTSA to find out what other steps you need to take. People who register their new car seats will be informed in case there’s ever a recall. Under no circumstances should you use a car seat you suspect is defective.
Injuries sustained due to car seat failure in Texas are often governed by product liability laws. Therefore, you can file for a claim from the manufacturer, distributor, or even the retailer. To prove manufacturer liability, the car seat must have been installed and used as per manufacturer instructions. You must also not have altered the car seat from the condition it left the factory. You may also file a lawsuit against the manufacturer for failure to provide sufficient instructions or consumer warnings. The distributor and retailers may be held liable if your personal injury lawyer proves that they knowingly sold a defective car seat.
If you think your child has sustained injuries due to a defective car seat, contact the experienced Thompson Law Attorneys at 844-308-8180. Our robust team of investigators and attorneys are available round the clock and will come to you for a free case review. Our successful track record in handling car seat failure lawsuits speaks for itself. We will work towards compensation for your child’s medical bills, pain and suffering, long-term care, among other losses.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.