Can I Sue a Defective Car Seat Manufacturer if My Child Was Injured in a Car Crash?

 Posted on April 29,2022 in Car Accidents

Decades of research have given parents the knowledge and products they need to make driving a much safer experience for children than it was in the past. When a parent puts their child in a car seat or booster seat, they assume the manufacturer has taken all necessary precautions to test a car seat’s safety and produced it using the strongest, safest materials. Unfortunately, even when a parent uses the utmost precaution and follows all instructions, a defective car seat can endanger a child’s life in a car accident. A child’s injury or sudden death in a car accident is a tragedy; if your little one was hurt because of a defective car seat, you may want to know if you can take legal action. 

How Common are Car Seat Recalls? 

Even after extensive testing and research, child car seat and booster seat manufacturers issue recalls frequently. Over the past five years, tens of thousands of car seats have been recalled after manufacturers learned they posed a risk to children. Car seats and booster seats may be recalled for many reasons, including: 

• Choking hazards from loose plastic parts or leaking foam 

• Pieces that can break off and hurt passengers in a car accident 

• Failure to meet minimum strength requirements 

• Failure to adequately restrain a child in a car accident 

• Failure to function safely in each position (front-facing, back-facing, convertible booster seats)

• Failure to provide adequate use instructions 

Sometimes recalls lead to replaced parts or additional pieces being mailed to owners, but sometimes the car seats are unsafe to use altogether and must be replaced. 

Defective Car Seats Cause Serious Injuries in Car Crashes

Defective car seats can be dangerous, even in small crashes, and can contribute to serious injuries, including: 

• Whiplash

• Concussions 

• Traumatic brain injury

• Injuries from car seat shrapnel

• Broken bones and fractures

• Chest injuries 

• Permanent disability, such as nerve damage and limb loss 

• Death

If a defective car seat contributed to the injuries your child sustained, the manufacturer may be held responsible in whole or in part for those injuries. 

Schedule a Consultation with a Will County Defective Car Seat Attorney

Car crashes are terrifying experiences, but when they result in the serious injury or death of a child, they change lives forever. At Flaherty Law, LLC, Attorney Dan Flaherty works hard to manage the complex legal aspects of a personal injury lawsuit so you can make sure those who contributed to the injury of your child are held responsible while continuing to focus on your family. Call our Will County defective child car seat attorney now at 815-577-7500 to schedule a complimentary consultation. 

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116 

https://www.nhtsa.gov/equipment/car-seats-and-booster-seats 

https://www.silive.com/news/2022/01/child-car-seats-recalled-for-putting-children-at-risk.html