Car accident injuries are one of the leading causes of death among children in the United States. Child car seats are designed to safeguard youngsters in motor vehicles and are required by law in California. But when a child car seat or booster seat is poorly designed, made from cheap materials, or defective, it puts the young passenger in great danger.
At Bisnar Chase, our defective child car seat lawyers provide superior representation to parents of children suffering serious or fatal injuries due to dangerous or faulty car seats. We have decades of experience with auto defects and product liability lawsuits.
Accidents are traumatic, and most victims do not know where to turn. But you can trust our team to do right by you. Nothing can change what happened, but we can help you hold the car seat manufacturers accountable for their negligence. Contact us now for a free consultation with no obligations. Call (800) 561-4887.
Defective Child Car Seat Lawyers
Child Car Seats - The Basics
Car seats are essential safety devices that protect young passengers in a car crash. Third-party companies make most car seats, which are sold separately to the vehicles.
Seat designs depend on the age and size of the child. Younger children should use rear-facing carrier seats with integrated seat belts. As the passengers get older, they can use front-facing car seats that use the vehicle’s seat belts. They usually feature a base and back support, sometimes with protective wings, and adjustable head supports.
According to California law (California Vehicle Code Section 27360), kids under eight must use a car seat secured in the back seat of the vehicle.
Defective Child Seats
Car accidents can cause severe trauma and life-threatening injuries. The impact can be even more significant for children. But car seats are designed to protect youngsters and greatly reduce the severity of any accident effects.
But when a child seat does not work correctly, it can put the child in greater danger in the event of a crash. Examples of children’s car seat defects include:
Weak shell design that collapses under stress.
Defective latches.
Improper or sudden release.
Faulty construction.
Sub-par materials.
Defective handles or straps.
Parts that deteriorate or fail in a crash.
You can file a product liability lawsuit if the product does not meet safety standards or behave properly due to some form of negligence. Negligence can include poor design, using shoddy materials, manufacturing failures, or failing to include proper instructions or warnings.
At Bisnar Chase, our expert attorneys can help you take action if your child’s car seat is defective and fails in action. For example, if it does not offer good head or neck protection or its restraints or structure fail during an accident.
We are also experienced auto defect lawyers. That means that we handle cases involving faults in the vehicle itself. That might include:
A front seat collapsing during an accident (known as seat back failure) and injuring a child sitting behind it.
A vehicle seat that does not correctly support a standard child’s seat.
Contact a defective child seat attorney at Bisnar Chase to find out if you have a case.
Car Seat Safety Statistics
A defective car seat that fails during a crash or normal usage may also cause potentially severe or fatal injuries to children. The statistics show how essential car seats and booster seats are.
Vehicle accidents are a leading cause of death for youngsters under the age of 13.
In 2019, car accidents accounted for 608 child deaths and more than 91,000 injuries in the U.S.
Using the correct car seat reduces the risk of injury to children in an accident by 71-82% versus just using a seat belt, according to the CDC (Centers for Disease Control and Prevention).
The CDC also states that child safety seats reduce the risk of death by 54% for toddlers aged 1-4.
Even booster seats cut the risk of severe injury by children aged 4-8 years by 45%.
Researchers at the Children’s Hospital of Philadelphia found that for children 4 to 7 years, booster seats reduce injury risk by 59 percent compared to seatbelts alone.
A study by National Highway Traffic Safety Administration (NHTSA) shows that car seat misuse, including leaving straps loose and misplacing chest clips, is a serious problem and puts children in danger.
There is increasing evidence that child safety seat laws, safety seat distribution and education programs, community-wide education and enforcement campaigns, and education programs are effective in increasing child safety seat use.
If your child suffered due to a defective seat product or restraint system, contact a personal injury lawyer today to learn more about your legal options.
Inadequate Car Seat Safety Standards
When you buy a car seat for your children, you expect it to keep them safe. But part of the problem is that the legal safety regulations are not extensive enough.
There have long been concerns over the lack of safety testing requirements for child car seats. There are no mandatory testing or performance standards for rear-end collisions, side-impact crashes, or rollover accidents.
The lack of safety standards means that children can be put in danger even when seat manufacturers do not make any mistakes in the design or construction of their products.
However, in 2022, an update was made to the law to improve safety testing for child safety seats in side-impact crashes.
The best way to determine whether you have a case or not is to contact an injury attorney at Bisnar Chase. Our team works with top experts to establish product defects. Contact us now for a free case evaluation.
Injuries Caused by Faulty Car Seats
Defective car seats can result in catastrophic injuries and even fatalities. Some of the most common injuries sustained in car accidents involving a poorly designed or manufactured car seat include:
Cuts, bruising, and bone fractures.
Internal injuries.
Traumatic brain injuries.
Head and neck trauma.
Other head injuries such as concussions.
Spinal cord injuries.
Crush injuries.
Burns.
Amputations.
If the seat is defective and contributes to an injury or fatality, you need an experienced attorney on your side to hold any wrongdoers accountable.
Is Your Child's Car Seat Safe?
You can take steps to ensure your child’s car seat is as safe as possible. These include:
Check the expiration date on the product: Many people do not know that car seats have expiration dates. Generally, seats last 6-10 years from the point of manufacture. This guards against excessive wear, changing regulations, and product recalls.
Be sure of the seat’s history: Car seats can be expensive, and no one can blame you for looking at the second-hand market. But child safety is important. Try to use a new car seat or one from friends/family so you can be sure of its history.
Obtain the booklet for the product: Order a copy of the product instructions if you do not have them. Make sure you secure the child car seat correctly in your vehicle.
Strap them in properly: Ensure your child is properly strapped in and stays strapped in throughout the journey.
Check the equipment: It is important to check the seat regularly. Check the straps, clips, buckles, adjusters, and supports for excessive wear or strain. Ensure nothing is noticeably broken or out of place.
Follow these steps to ensure you have done everything possible to keep your child safe in an accident. Of course, you can do everything right, but defective products can still put a young passenger in danger of personal injury.
Child Car Seat Recalls
It is common to hear about vehicle or product recalls. This is when a potentially dangerous issue is found in a product. Manufacturers might recall a defective car seat if they find a fault that could harm a child.
What happens next depends on the issue. The manufacturer could:
Send you a replacement part for a quick fix.
Ask you to return the child safety device to fix the problem. You will get it back once they resolve the issue.
Advise you to discard the car seat and issue a refund or provide a replacement if they cannot repair the fault.
The law requires manufacturers to report safety issues and fix them at no cost to consumers. Most problems can be fixed by replacing a faulty part.
If manufacturers issue a recall for your car seat, you should act on it as soon as possible. However, you must ensure that you have another option to use while waiting for a replacement or repair kit. Statistics show that vehicle accidents are deadly when young passengers do not use a safety seat.
Identifying Recalled Child Car Seats
If you bought the safety seat yourself, you might receive a notice from the manufacturer regarding a recall. But there are other ways to identify a recalled car seat.
Depending on the make and model of your car seat, it will usually have a label on the base or back of the product. The label will feature information including the manufacturer name, model, serial number, date of manufacture, and expiry.
You can use these details to contact the manufacturer or retailer directly. You could also use websites such as https://www.nhtsa.gov/recalls or https://www.recalls.gov/ to check your seat against current recalls.
Child Seat Product Liability Issues
A lawsuit or claim filed over a defective car seat would be a form of product liability claim. This is when a dangerous or defective product causes an injury.
But who would be liable? Who do you file a claim against when your child suffers due to design or construction failures?
Essentially, you can file a legal claim against any party in the distribution chain whose negligence contributed to harm suffered. Negligent parties could include:
Designers.
Manufacturers.
Suppliers.
Distributors.
Retailers.
Examples of negligence might include using cheap materials to cut costs, failing to perform the necessary safety tests, and not providing proper instructions on using a product safely.
If you believe you may have a case, contact Bisnar Chase now to speak to an expert injury attorney.
Defective Car Seat Injury Compensation
There are many reasons for filing a legal claim. On the one hand, it is important to hold manufacturers accountable; to make them employ better methods that produce safer products.
It is also vital that any accident victims and their family members are made whole after a car accident. No amount of money can bring a loved one back or reverse a catastrophic injury. But it can help provide care and support where it is needed.
The amount of compensation we can win for you will vary by case. Some of the factors accounted for will include:
Level of pain and suffering.
Your medical expenses.
Expenses related to ongoing care and rehab.
Punitive damages.
Losses associated with the death of a loved one.
Your child may need extensive treatment and care if a crash results in severe injuries. Compensation from a successful legal claim can help parents cover those costs.
Child Safety Seats and Lawsuits: FAQs
Defective car seats are a parent’s nightmare. They can put your children in incredibly dangerous situations. But our team is here to help. We answer some of the most frequently asked questions about child safety and product liability cases below. If you have more questions, do not hesitate to ask!
If manufacturers issue a recall for your car seat, follow manufacturer instructions to have it repaired or replaced with a safer option. Use nhtsa.gov/recalls or contact the manufacturer to check for seat recalls.
If your child has suffered an injury, you may have a case. Call a skilled attorney at Bisnar Chase. Our team will examine any potentially defective products to determine if you have a claim.
We can use a variety of evidence to prove your claim, including medical reports and pictures from the accident. It is also important that the defective child safety seat is saved for examination if possible.
The timeframe for a legal claim will depend on the case. Our team will resolve your case as quickly as possible while securing the compensation you deserve.
Our law firm advances the costs needed to win your case. You get a free consultation and a no win no fee promise. You don’t pay unless we win for you.
Hire the Best Car Seat Defects Lawyers
Bisnar Chase is a top-rated law firm with outstanding attorneys. We have won countless cases, including claims over defective child car seats. We take great pride in fighting for the rights of those hurt by the failings of major manufacturers.
With Bisnar Chase, you get an outstanding team with an unparalleled record:
A 99% success rate.
More than $750 Million won.
Care and compassion from a team that is easy to contact and communicate with.
Decades of experience with auto defect and product liability claims.
Success with car seat claims like yours.
A free case evaluation.
No win no fee promise.
We will fight for the compensation you deserve and remain by your side every step of the way when your child is injured.
Contact our experienced defective child car seat injury lawyers at Bisnar Chase to work with the best. Phone (800) 561-4887 to speak to our team now. You can also send us an email or use our website live chat.
