Car seats save the lives of children in Florida and elsewhere in the United States each year. When a child’s car seat is defective, however, the child can sustain serious injuries or even die as a result. If your child has been hurt by a defective car seat, it is vital to reach out to a skilled Miami product liability attorney who can help evaluate your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable and getting our clients the compensation they deserve.
Just this summer, Britax Child Safety recalled over 207,000 rear-facing infant car seats because part of a clip can break and create a choking hazard. According to documents, parts of the car seat were found in the mouths of three children, although no choking injuries were reported. Unfortunately, recalls like this are commonplace for child safety seats, especially for car seats that have been on the market for a long time. Some examples of car seat defects are as follows:
- Flaws in the harness;
- Low chest clips;
- Sudden release of the car seat;
- Flammable material;
- Choking hazards;
- Weak construction;
- Base separation; and
- Faulty locks.
Liability for a defective car seat is typically found with the manufacturer, although the car seat designer or retailer may be liable in some cases as well. It does not matter that the defendant in a particular case was unaware of the defect before it got into the hands of the consumer; the defendant can still be liable for injuries. This is because product liability claims are based on ‘strict’ liability, which means that plaintiffs only need to show that a defect in the car seat was present at the time of the accident, and the defect was the direct and proximate cause of their child’s injury or death.
A product liability claim may be brought if the car seat has a manufacturing defect, a design defect, or a marketing defect. A manufacturing defect is a flaw that occurs in the assembly of a product, resulting in a product that deviates from others on the line. A design defect occurs when there is a flaw in the design of a product, leading to all of the products being defective and even dangerous. Marketing defects refer to things like instructions being confusing or a failure to warn consumers of risks associated with using the product. We can examine your case and determine which type of defect may be applicable.
Nothing is more important than your child. If your child has been hurt because of a faulty car seat, our Miami product liability attorneys are here to help. With years of experience, we understand the nuances of this area of law and can apply our knowledge to your case. You can trust that we will make every effort to obtain full and fair compensation for your child’s injuries. We proudly represent clients across South Florida. For more information, call us at 1-877-499-HURT (4878) or reach out to us online today.
More Blog Posts:
Compulsory Medical Exams in Florida Personal Injury Cases, South Florida Injury Lawyer Blawg, July 12, 2017
Comparative Fault in Florida Slip and Fall Case, South Florida Injury Lawyer Blawg, July 12, 2017
Lifeguard Negligence in Florida, South Florida Injury Lawyer Blawg, July 12, 2017