South Florida Injury Lawyer Blawg
Car seats are intended to protect children from harm in the event of a car accident. When car seats are improperly installed or defectively made, however, they may actually cause harm to the child. If your child has been harmed due to a defective car seat or because of someone’s negligence, it is important to speak to a Miami injury attorney who can assess the merits of your case. We will work hard to get you the compensation you deserve.
Florida law mandates that children up to five years old be strapped into a child car seat or booster seat when they are in a moving vehicle. The Centers for Disease Control and Prevention (CDC) reports that when children between the ages of four and eight use a car seat, their risk of severe injury decreases by 45 percent. According to the National Highway Traffic Safety Administration (NHTSA), 75 percent of car seats in use are incorrectly fitted. This puts children at risk. Even collisions at low speeds could lead to a child fatality if the child was in an incorrectly installed car seat.
If your child has been injured due to a defective car seat, you may be able to take legal action against the manufacturer through a product liability claim. Product liability lawsuits may be appropriate when a product malfunctions or lacks sufficient warning labels. Some examples include faulty straps, poor latching systems, poor seat designs, faulty adjustment pieces, and more. In addition to manufacturers, distributors and retailers may also be liable for product-related injuries. Since these claims are often very complex, it is best to consult an attorney about the specifics of your case.
Even when a car seat is not defective in any manner, the negligence of someone entrusted with a child’s care may lead to a child’s car seat injury or death. Negligence is the failure to exercise reasonable care. Reasonable care is defined as the level of care a prudent person would use in the same or similar circumstances. As a result, if someone installed a car seat negligently or negligently placed a child in the car seat, that person may be found liable for the child’s injury or death if it is determined that the negligent installation or placement was the direct cause of the child’s injury or death.
Individuals injured in car seat accidents can seek damages such as medical expenses, lost income and benefits, pain and suffering, disfigurement, and other costs arising from the accident. The exact amount of compensation will vary depending on the nature and extent of the harm suffered.
At the Law Offices of Robert Dixon, our knowledgeable auto accident attorneys believe that each child’s life is precious. We know the emotional toll that a child’s injury or death can take on an entire family. We proudly serve clients throughout South Florida. For more information, call us at 1-877-499-HURT (4878) or contact us online to set up a free consultation.
More Blog Posts:
Parking Lot Accidents in Florida, South Florida Injury Lawyer Blawg, December 9, 2015
Ordinary Negligence vs. Medical Negligence in Florida, South Florida Injury Lawyer Blawg, December 9, 2015
Information of Subsequent Accident Admissible in Florida Car Wreck Case, South Florida Injury Lawyer Blawg, December 9, 2015