Booster Seat Defects
Studies have shown that adult seat belts can create intense pressure on small children’s spines, leading to severe spinal cord injuries if in a car accident. All states now require children under a certain age and height to be placed in booster seats, but—as is the case with infant car seats—they are often found to be unsafe due to defects, such as:
- Weak straps
- Faulty latches, chest clips, and buckles
- Inadequate padding
- Weak frames or base units
- Defective harnesses
- Flammable materials
These defects can be categorized into three different types of product liability flaws. They are:
- Design flaws – Part of the design of the product is inherently dangerous. For example, if the booster seat was designed with a strap made from low-quality materials that tear easily, it is considered a defect in the seat’s design.
- Manufacturing flaws – The defect arose from a mistake while the product was being made. For example, the car seat might have been designed with tethers to keep it securely in place but, if the manufacturer failed to install one of the tethers, this would make the car seat unstable and dangerous.
- Marketing flaws – The company failed to provide a sufficient warning of the risks associated with the product’s use. For example, if the manufacturer did not provide adequate instructions on what size child should use their car seat, then injury can occur if a wrong-sized child uses the product.
Who is Responsible for a Defective Car Seat?
When a child’s injury is due to a defect in the car seat, a product liability action may be brought against a party in the product’s chain of distribution. This can include:
- Manufacturer of the defective part
- Assembling manufacturer
One or even all parties in this chain may potentially be liable. You may be entitled to compensatory damages related to past and future medical expenses, rehabilitation, lifelong care, pain and suffering, loss of earning potential, and adjustments made to your home or vehicle to accommodate injuries.
How a Product Liability Lawyer Can Help
Bringing an action for an injury caused by a defective car seat is a complex process. We are one of the very few firms in St. Louis that have the experience and resources necessary to successfully handle these types of cases.
Our attorneys will investigate claims, take depositions, and perform extensive research on booster seat design, safety, and regulation. Our efforts may bring us to consult with experts in the industry for a deeper understanding of the technical principles involved in manufacturing booster seats.
We make it our mission to uncover hidden truths behind booster seat companies that are guilty of needlessly putting children at risk while attempting to increase their own profits. Our firm’s St. Louis product liability lawyers can examine your case and protect your rights.
Evenflo Booster Seat Lawsuits: Do You Have a Case?
Our attorneys are now evaluating claims against booster seat maker Evenflo. A recent report by ProPublica revealed that Evenflo marketed their “Big Kid” booster seat as “side impact tested” even when its own crash tests showed that any child using the product would be in danger of injury if in a side-impact car accident.
The unfortunate reality is that booster seat companies that advertise their seats as “side impact tested” are testing against their own private criteria. Results are not made public or scrutinized by an agency, and there is no government standard to even compare to. Parents should know that when companies say that their product is “side impact tested,” it is a marketing tactic and not a real safety consideration.
If your child was injured in an Evenflo “Big Kid” booster seat or any other child car seat that claims it is “side impact tested,” you might have a case. Contact us now to learn more.
Contact The Simon Law Firm, P.C. for a FREE Consultation
When companies put dangerous products in the marketplace, we make it our mission to hold them accountable which, in turn, helps make products safer for our children. Our attorneys have earned a reputation for top advocacy and effective handling of challenging cases nationwide. In fact, we have been top-ranked by U.S. News and World Reports in Plaintiffs’ Product Liability Litigation.
If your child was injured by a defective booster seat or car seat, we encourage you to get in touch with The Simon Law Firm, P.C. right away.