What Parents Should Know About Manufacturer Liability for Car Seat Defects

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There is no doubt that car seats save lives. The Centers for Disease Control and Prevention (CDC) estimates that buckling children in age- and size-appropriate baby car seats, booster seats, and seat belts reduces serious and fatal injuries by up to 80%. But if the car seat has a defect in design, manufacture, or warning label, the ultimate aim of child safety may be undermined and result in injuries. Here is a short guide to manufacturer liability for car seat injuries and what parents should know. 

Products Liability and Car Seats

While most think of a physically defective or damaged goods when they hear the term products liability, legally the term actually encompasses other defects as well. There are three categories that a car seat manufacturer may be sued for in the event of an accident.

Manufacturing Defect

This type of defect is the one that usually first comes to mind if someone mentions product liability. A manufacturing defect is when car seats and other restraints or safety devices are manufactured or assembled using substandard materials, or fail during intended use due to deficient workmanship. A recent example of one of these defects occurred in a 2015 lawsuit against baby and child product company Graco. The lawsuit alleged that certain car seats were manufactured with a defective buckle, making it hard for first responders and parents to free a child in the event of an emergency. 

Design Defect

Products with a design defect fail based on some fundamental flaw in the way it is designed, as opposed to a mechanical failure on the product itself. If a product fails or causes an injury even with no defects in the manufacturing process, the issue is with its engineering. For example, car seats often include clips on the harness straps around the child’s shoulders and chest. If the chest clips are designed and positioned in a way that it can be easily unfastened by the child, they might let themselves out during a drive. As a result, injuries can happen with or without a collision.

Warning Defects

A product is designed and manufactured for a specific intended purpose, and may have inherent dangers that require an explicit warning to prevent injury to consumers. Additionally, a product may be advertised in a way that is unsafe or inconsistent with its intended purpose. In 2013, a lawsuit against Dorel Juvenile alleged that their failure to warn consumers that a forward-facing car seat was unsafe for children under the age of two caused injury to a Texas child. The National Highway Traffic Safety Administration (NHTSA) and CDC both recommend rear-facing seats for infants, and have done so for years. 

Product Defects and Recalls

When a car seat manufacturer becomes aware of a defect that affects the safety of their product, they will often issue a recall notice to fix the issue at no cost to the consumer. In the internet age, finding recalled car seats is easier than ever. Just like with passenger vehicles, the NHTSA keeps a list of all car seat recalls so that parents can search for their particular product by manufacturer. 

A common question concerning recalls is if issuing a recall makes a manufacturer immune from lawsuits. It does not. However, if the manufacturer can prove that you directly received notice of the recall and were warned of the defect, safety concerns, and potential hazards of using the product, you may have a hard time proving the liability for your child’s injuries. However, just because there has been a recall issued does not necessarily mean that the manufacturer will be able to deny liability for your child’s injuries. In order to be a valid defense, the manufacturer will usually have to prove that the notice of recall was provided directly to you, not generally to all consumers.

Additional Tips for Protecting Your Child

Of course, the best way to protect your child from car seat injuries is to ensure that an incident doesn’t happen in the first place. Make sure that you read all instructions and ensure that the car or booster seat is properly and safely strapped into your vehicle. Many local fire departments are happy to check your car seat installation and safety measures. Make sure that you know the manufacturer and model of your safety seat, or can have that information readily available to check for recalls. A little preparation can make a big difference. 

Conclusion

Keeping kids safe in the car is one of many worries that a parent faces. Most car seats and booster seats are good ways to ensure that your child is secure while you are driving, and can help prevent injuries and save lives if you do get into an accident. But at the same time, being aware of possible defects and keeping your eyes and ears open for product recalls is just another way of reducing risk. You can’t plan for everything, but a little preparation can go a long way. And if you think you may have a legal claim for a car seat defect, seek a consultation with a products liability attorney to make sure all your rights and legal options are properly explained.

References: https://www.theinjurylawyers.com