As a responsible parent, you have taken numerous hours to research and
understand car seats. You read the warning and instructions that come
with the car seat. You monitor your child’s height and weight so
that you know when a new seat is needed. You may have even brought your
car to the local police station to have the car seat properly installed.
experienced Newburgh car seat accident attorneys know that such diligence sometimes will not keep your child as safe as
it should have because the car seat was defectively designed, manufactured,
and or did not come with proper warnings and or instructions. While car
seat manufacturers are legally required to ensure that their products
are free from design and manufacturing defects, this is not always the
case. These products must also come with adequate warnings and instructions.
Failing at this, the manufacturers can be held accountable in a court
of law when they fail to do what they are supposed to do during a
The ways in which car seat manufacturers fail at this can be infinite.
However, history has shown us specific examples. Car seat metals and plastics
have been too brittle. Fabrics have been unnecessarily flammable. Car
seat locks and latches have been faulty. The car seat shell can be improperly
designed and or manufactured. Padding can and has been insufficient. The
car seat base itself can be too weak to sustain a collision. Head and
Neck support has been lacking in the past as well.
As you can imagine, a malfunctioning latch or harness buckle can cause
a child to be ejected from the car seat during a
car accident. Such can cause instant death. Short of death, the child can suffer a
spinal cord injury and become paralyzed. There could be a skull fracture
and or traumatic brain injury. Limbs can be fractured, so too can facial bones.
While we have focused on these things happening during a
car accident, you should also know that car seats can fail during routine driving,
such as when turning or breaking. Even though car seat design and manufacturing
defects are out of your control, there are some things that you can do
to prevent a possible catastrophe.
First, your car seat will come with instructions on how to register your
purchase. Follow these instructions and register your car seat. This way
if there is a recall on the product, you can receive timely notification.
Second, always buy new car seats. Used and older car seats may have passed
their expiration. Lastly, routinely check the car seat for flaws and or
deteriorating parts. If the plastic is cracked, dispose of the car seat.
If buckles are worn out and or if the locking mechanisms seem to be locking
improperly, get a new car seat. Also, dispose of a seat that was involved in a
car accident. But do so
after any issues of liability have been resolved, as it may be important evidence
in your case.
Are you interested in learning more about car seat safety and liability?
To learn more from our latest article on car seats, liability in a car
accident, and what happens when the car seat is defective
by clicking here. Click here to learn how properly purchase a car seat and set it up for
your child in
our blog post available here. Also learn more about car accident statistics regarding car seat usages in
our blog post by clicking here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.