Holding Manufacturers Accountable for Defective Child Car Seats

Complying with Massachusetts’s car seat laws for children is essential when driving with a an infant or small child in the car. Unfortunately, child car seats don’t always protect children from harm. If a car seat is defective, it may not prevent injury in the case of an accident.

Has your child been injured because of a defective car seat? If so, compensation may be available.

The following guide will answer some of your basic questions on this topic. For more information, strongly consider discussing the matter with a qualified legal professional.

Common Defects in Child Car Seats

Child car seat defects can take many potential forms. The following are a few common examples:

• Buckles that don’t stay buckled
• Chest clips that don’t stay clipped
• Insufficient padding
• A defective base (if a car seat is detachable from the base)
• Inadequate warnings, cautions or instructions

These are just examples. They don’t necessarily represent all the types of defects that can render child car seats dangerous.

It’s important to register a child car seat with the manufacturer when purchasing one. When you do so, you’ll be alerted if the manufacturer discovers a defect and issues a recall accordingly.

Compensation That May Be Available When a Child’s Car Seat is Defective

A defective child car seat can fail to protect a child from harm if a collision occurs. Depending on the nature of the defect, a defective car seat could even potentially cause harm.

In these circumstances, parents or guardians of children injured because of car seat defects can file insurance claims or lawsuits seeking compensation for relevant losses. Typically, as a start, this involves seeking compensation for past medical bills and arising from a child’s injuries.

Compensation can also account for future losses. If a child’s injuries are severe, they may need ongoing, long-term medical care throughout life. A recovery for damages may thus account for the estimated cost of such care. In some cases, if a child’s injuries are likely to prevent them from working and earning an income later in life, loss of future earning capacity is another loss that may factor into the compensation available.

A claim or lawsuit can also help victims receive compensation for non-economic struggles resulting from their injuries. For example, your child may be eligible to receive compensation for the pain and suffering they experience after being injured because a car seat was defective.

Tragically, sometimes car seat defects result in the untimely deaths of children. In these circumstances, surviving parents or guardians can file wrongful death claims or lawsuits to seek compensation for funeral/burial expenses and other such losses and struggles.

Liability in a Defective Child Car Seat Case

Various parties may be liable when a child’s car seat fails to offer adequate protection because of a defect. The manufacturer may be liable if they failed to identify a defect during the design or manufacturing process. Thus, for example, if a defect is inherent in the engineering design of a car seat, its designers (i.e. the manufacturer) may be liable. In some cases, marketers, often manufacturers and distributors, may be liable if they fail to provide sufficient safety information or instructions regarding how to properly use a car seat.

Regardless, in a Massachusetts product liability case, the legal principle of breach of warranty often applies. That means a victim (or their parents filing a lawsuit or claim on their behalf) doesn’t need to prove negligence to prove they’re eligible for compensation. The presence of a defect is enough to establish liability.

However, it’s still necessary to prove that a defective car seat was the cause of a child’s injuries. If your child was injured because a car seat didn’t work properly, save the car seat and document its condition to show that a defect exists.

In addition, your child should see a doctor immediately after an injury, if with medical follow-ups as necessary. Copies of all related medical records and bills will help establish a link between the defect and your child’s injuries. Medical bills will also serve as evidence of the economic losses for which compensation may be available.

Just remember that insurance companies and liable parties in these circumstances will not be inclined to offer the full amount of compensation a victim deserves. This is one of many reasons it’s wise to coordinate with legal professionals who have experience handling these types of cases. At Swartz & Swartz, P.C., our Boston child injury and personal injury attorneys will pursue the compensation your child deserves while you focus on tending to their health. We’re also available to offer compassionate representation when a defective car seat results in wrongful death. Learn more by contacting us online or calling us at (617) 742-1900 today for a free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.