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One of the most important safety devices which parents provide for their children is the car seat. When they are fully functional, they can significantly reduce the chance for injury or death should there be a vehicle accident. Birthinjuryguide.org says that unfortunately, infant car seat defects can increase the chances of injury or death rather than providing safety. Often there are no obvious warning signs of a car seat defect. The defects are frequently discovered after they have failed, not before. 

What are the most common car seat defects? 

Birthinjuryguide.org reports the following:

• Faulty Latches/Buckles: When car seat latches or buckles have too much give, or are too difficult to undo, the child is in danger of serious injuries, ejection, or difficulty being rescued.
• Faulty Adjusters: Adjusters are designed to keep straps properly adjusted. If they are faulty, straps can become dangerous.
• Flammable Materials: Low-quality materials can cause car seats to be flammable, placing the child at risk for burn injuries.
• Weak Frames: When the frame of a car seat is weak or broken, it puts the child in danger because the seat cannot function properly.

2017 Car Seat Recall 

Graco, manufacturer of child car seats, recalled 8 models in May 2017. It announced it was recalling the models after it found they “may not adequately restrain a child.”  According to the recall notice which was posted with the NHTSA (National Highway Traffic Safety Administration), in the event of a crash the harness webbing which restrains a child may break resulting in a child’s not being properly restrained. 

Previous to the above-mentioned recall, Graco had the largest car seat recall in U.S. history in 2014. Following pressure from federal safety authorities, on July 1, 2014, Graco agreed to recall 1.9 million infant car seats. The seats had defective buckles that could become stuck in the latched position, putting a child’s life at risk in an emergency. The federal government fined Graco $10 million for failing to provide timely notification of the defective buckle in millions of car seats, according to Newsweek. 

“Car seat manufacturers should be held accountable when they fail to meet their legal obligation to provide a safe product. Parents of a child who has been harmed by a defective car seat may seek compensation for medical bills, pain and suffering and other damages,” said Fort Myers Child Injury Attorney, Randall Spivey. 

Florida law regarding product liability lawsuits 

Under Florida law, there can be recourse if a child is injured as the result of a defective car seat. The law recognizes product liability lawsuits filed for one of the following three reasons: 

• Defective design;
• Defective manufacture; and
• Defective labeling/advertising. 

If a victim can demonstrate that the car seat was defective and unreasonably dangerous, he/she may be able to recover damages. 

What to do if you have a defective car seat? 

The NHTSA recommends that should you believe the car seat you have is defective, you stop using it immediately, and visit http://www.recalls.gov to find out whether the seat has been recalled. Then contact the manufacturer to determine whether you can get a replacement or have it fixed. If the car seat is not yet under a current recall, you can contact the manufacturer and the NHTSA to report the problem and find out what steps to take next. 

Fort Myers Defective Products Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.