Defective car seat demands
Child safety seats are designed to protect children from serious injuries in the event of an accident. A properly functioning car seat can prevent expulsions and significantly reduce the injuries suffered by newborns and children involved in an accident. Defective car seats, however, can cause damage when they do not function properly during an accident. Young victims of defective car seats can suffer preventable injuries such as bone fractures, neck injuries, traumatic brain injuries and lacerations.
New York car seat regulations
All children under the age of 16 in the state of New York must carry a safety restriction when traveling in a motor vehicle. Children under 4 years of age must be insured in a child safety seat approved by the federal government that is attached by a universal child restraint system or by a seat belt. Children who weigh more than 40 pounds can use a booster seat with a lap and shoulder belt. Children ages 4 to 7 should use a booster seat with lap and shoulder belts if they are not secured in a child safety seat.
What makes a car seat defective?
A properly functioning car seat can prevent serious injuries by safely securing a child in its place. A child safety seat may malfunction if it is designed defectively or assembled. Common defects that contribute to child injuries in New York traffic accidents include:
- Defective breast bra : The chest buckle secures the child’s torso in place. If the image on the chest does not latch, or is too far away, it could allow the child to move or even be ejected from the seat during a collision.
- Incorrect angle: Either in a child seat front or back front, no child should be placed horizontally.
- Badly designed harnesses : The design of the harness system and moderation will have a significant impact on the effectiveness of the venue. Three-point harnesses, for example, often do not give adequate pelvic support making ejections possible.
- Poorly marked slots: When the shoulder harness slots are mislabeled, that could lead to improper use.
- Plastic fractures: When a child seat breaks, they can no longer perform adequately in the event of an accident. Cracked and broken plastic parts can cause laceration injuries and pose a choking hazard as well.
Car seats removed from the market
Millions of security seats have been recalled during the last decade. Defects that have led to withdrawals include, but are not limited to, design flaws, the use of combustion materials, poor hooking systems and weak shells. There have been many great retreats over the years, including:
- Dorel Juvenile Group recalled 19 different models of car seats that did not pass government crash tests. They published the withdrawal after receiving several reports that their belts lose tension. At least one child was injured because of the defect.
- Evenflo recovered about 450,000 child safety seats and vehicles that had handles capable of releasing unexpectedly.
- Team-Tex America recalled car seats that had to be entangled with routing labels that were incorrectly placed on the car seat.
- Graco recalled 304,675 Graco SnugRide car seats that had seat cushions, which could deteriorate or tear resulting in a choking hazard.
- Recaro recalled a series of As the convertible car seats that separated from the connector of the installation.
New law on child safety seats
The National Traffic Safety Administration (NHTSA) in January 2014 has proposed a new regulation that will update the standards for safety seats for children weighing up to 40 pounds. The new rule will require a test that simulates a side impact crash or T-bone in the front of a vehicle traveling at 30 mph hits next to a small passenger vehicle traveling at 15 mph. Federal authorities estimate that these new regulations can prevent the deaths of around five children and injure 64 others each year. Research shows that many infant deaths and injuries in these types of side-effects involve a vehicle carrying children that stops at an intersection.
Claims for product liability
When a child suffers an injury despite being properly secured in a child safety seat, it is often advisable for the family to preserve the car and seat for a thorough inspection. It may be possible to file a product liability claim against the manufacturer of the safety seat. In return, the successful claim will result in financial compensation for all the damages suffered in the accident. For example, if a child suffers neck injuries in an accident because the child safety seat lock system did not work properly, it may be possible to keep the manufacturers responsible for the child’s bills, doctors, rehabilitation services , permanent injuries, disability, past and future pain and suffering, etc.
Get the help you need
If your child has been injured in a car accident, New York attorneys with experience in Kenneth A. Wilhelm’s legal office can help you better understand your rights and legal options. With more than 42 years of experience, we work tirelessly to help obtain the best possible compensation for the injured victims and for the families of the deceased victims.
Please contact us toll-free 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. There are no lawyer fees unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 states of the United States, please call us and we will try to help you with your case.
Other telephone numbers at no cost to us are:
1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES
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