Omaha Defective Child Car Seat Lawyer
Product Liability Services
More than anything, we have a duty to keep our children safe from harm. Children up to a certain age are required to be in safety seats at all times when riding in a car. These car seats are certified through an extensive quality inspection process and must be approved by the federal government before they can be sold. Unfortunately, there have been many stories in recent years about car seats being recalled due to serious, potentially life-threatening defects.
If you or a loved one has purchased a car seat that was found to be defective, you may be able to seek financial compensation. Contact Bottlinger Law L.L.C. at (402) 505-8234 to schedule a free consultation and learn more about your options.
As of January 1, 2019, the state of Nebraska implemented new laws and regulations regarding child safety in vehicles. All children up to the age of 2 must sit in rear-facing seats so that their upper bodies can be properly supported. Until the age of 8, all children are required to sit in a federally-approved car seat, and beyond that they must be properly secured with a seatbelt in the back seat.
Meanwhile, manufacturers must make sure that every child safety seat they produce has undergone a thorough quality inspection and is safe for use. In the past five years, there have been more than fifteen car seats recalled for multiple issues. In 2018, Harmony Juvenile Products had to recall Harmony Big Boost Deluxe booster seats because investigators found their seatbelts to be applying excessive force to children’s chests. In 2014, the National Highway Traffic Safety Administration (NHTSA) launched an investigation into Graco, a manufacturer of child safety seats, to determine whether they failed to report a critical safety defect in their seat buckles.
To recall an item, several steps must take place. Manufacturers are required to notify all owners of the recalled products within sixty days of the decision to recall. Then, the NHTSA monitors the recall to ensure that all product owners are taken care of. Lastly, it’s the responsibility of the owners of the recalled products to follow all safety guidelines and have their defective product replaced or repaired for free.
Every car seat has many different components, materials, and mechanisms to comply with federal regulations and ensure a child’s safety. Unfortunately, because of the many moving parts in car seats, they can also malfunction in several ways. These include:
- Inadequate adjusters: These are designed to hold the car seat’s safety straps in place. If the adjusters fail to do this, the straps that hold the child in the seat can become loose and fail to secure the child.
- Flammable materials: If the seats are manufactured with low-quality, flammable material, parts of the seat could catch on fire if any open flame is present.
- Weak frames: All seats are required to support the weight of the child. If a car seat does not adequately provide this support, either through inadequate materials or damaged components, it can be highly dangerous to the child.
The NHTSA and the Consumer Product Safety Commission (CPSC) between them investigate reports of alleged safety problems. If their experts determine that a defective baby seat injured a child (or allowed the child to be injured in a collision), there will likely be severe consequences for the manufacturer. Additionally, the manufacturers of the safety seats could be held liable in a personal injury lawsuit for any damages caused by their defective children's products.
Getting in a wreck can be terrifying, especially if your baby or toddler is in the car with you. The consequences of a crash can be worse if your child’s car seat does not properly protect them. If you think your car seat is defective and your child’s safety at risk, or you believe your child was injured because a car seat failed to work properly, act immediately and work with an experienced Omaha product liability attorney.
Bottlinger Law L.L.C., will guide you through this complex legal process and hold the manufacturers responsible. Call us now at (402) 505-8234 to start getting the help you need.
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