Has your child been injured because of a defective car seat or other form of child safety equipment? If so, you could have grounds to sue the manufacturer of the unsafe product. A successful lawsuit could recover the money your child needs for their ongoing care and for your family to afford to provide it.
Common Causes of Defective Car Seat and Safety Equipment Injuries
Some of the most common causes of defective car seat and equipment injuries are as follows:
- Defective seatbacks
- Defective seat belts/buckles
- Insufficient padding
- Defective carry handles
- Unclear assembly/use instructions
Legal Grounds for Suing in Defective Product Cases
Manufacturers have a legal responsibility to put only safe products on the market. Products that are inherently unsafe to use as intended are referred to as defective. When companies release such products and make insufficient effort to remedy their error, the people they injure can hold them financially responsible for the consequences of those injuries.
Courts generally recognize three distinct forms of product defects:
- Design defects are failures inherent to the schematics of a product. Any product build to the defective design will have the same flaw. For example, a car seat that fastens with a latch system that does not secure properly has a design defect.
- Manufacturing defects are failures introduced during the production of an otherwise safe item. For example, let’s suppose the latch system described above normally works as intended, but a batch goes out with the assembly installed upside down, making it unsafe for use. This flaw would be a manufacturing defect.
- Defects in marketing are failures to instruct consumers in the safe use of a product. Using the same example, let’s suppose the latch system works but is not intuitive to use. If the manufacturer did not adequately describe how to secure the latch in its product manual, it could be liable for injuries caused by the latch’s failure while in use.
To win a product liability case, the injured party (or their attorney) must identify the hazard and how it was introduced.
Steps to Take After an Injury
If your child suffered injuries because of a defective child restraint device, it’s important that you take as many of the following steps as possible:
- Get your child medical treatment as soon as possible so that their injuries are diagnosed and treated before they worsen.
- Follow the doctor’s treatment plan to the letter to encourage the healing process, as failing to do so could make the lawsuit process more difficult.
- Save the defective child restraint device and do not alter it in any way.
- Gather other evidence of the incident, such as a written account of what you recall, any bills or invoices from your child’s medical treatment, and receipts from other injury-related expenses.
Finally, contact a defective car seat attorney as soon as possible. Bring your evidence with you to your free, initial consultation so that your prospective attorney has a more informed view of what happened.
How Kreger Brodish Can Help
Has your child been injured by a defective car seat or safety device? If so, the team at Kreger Brodish can investigate the accident, identify the defect that caused your child’s injuries, build a compelling case against the manufacturer, and demand they compensate your family fairly. We’ll do all this at no upfront cost to you, only charging you a fee if and when we win. Don’t wait another moment to put us on your case – contact us today for a free consultation with a defective car seat lawyer.
