When parents entrust their child’s safety to a car seat, they expect it to provide necessary protection in the event of a crash. However, this is not always the case. If a car seat fails to perform as intended, leading to injury, parents have several legal options to explore. Understanding these options can help ensure that the responsible parties are held accountable and that parents receive the compensation they need to care for their injured child.
If a defective car seat has not yet been recalled, taking necessary steps to secure justice can also involve alerting authorities – and other parents by extension – to the harm that a particular seat can cause.
Getting started
Ensuring that an injured child receives immediate medical attention is of the utmost importance. Parents should document all injuries, treatments and medical expenses, as these records will inform any legal action taken down the road.
To that end, preserving evidence is also important. This includes keeping the car seat and vehicle in their post-accident condition if possible. Do not attempt to repair or alter the car seat, as its condition post-crash can serve as evidence. Take detailed photographs of the car seat, the vehicle and the accident scene, as well, if possible.
Once your child has been medically evaluated and evidence preserved, it’s time to start building your case against those responsible for their harm. There may be multiple parties liable for a defective car seat. They can include:
- Manufacturers: The company that designed, manufactured or marketed the car seat may be liable if the seat was defectively designed or manufactured.
- Retailers: If the car seat was sold with defects, the retailer might also bear responsibility.
- Other parties: If the car seat was improperly installed by a third party, they could be held liable.
Every crash scenario is unique. If your child has recently been harmed as a result of a defective car seat, don’t hesitate to seek personalized feedback before committing to a plan of action.