Car Seat Defects
Children are precious cargo, and car seats are designed to protect them. Car seats are legally required for most children until they reach the age of 5, and their safety effects cannot be doubted. According to the Centers for Disease Control & Prevention (CDC), car seats can reduce the fatality risk of infants by 71% and toddlers by 54%. While consumers trust that car seats will work as intended, many are defective, which could lead to devastating consequences. If your child has suffered an injury as a result of a defective car seat, speak with an attorney who practices product liability law to ensure your legal rights remain protected. The Memphis product liability attorneys of Nahon, Saharovich & Trotz have over 30 years of experience handling personal injury cases throughout the South, and we are ready to assist you in your time of need.How Car Seats Can Be Defective
A claim alleging a car seat defect falls under the umbrella of an area of the law known as product liability. Generally, there are three different ways a product can be defective. Manufacturing defects occur when a particular unit of a product was not built as intended. Design defects occur when the design itself is flawed, and therefore every unit of a given product built using that design is deemed defective. Marketing defects occur when a manufacturer fails to provide adequate warnings about the danger of a product.
Defective car seats typically result from either a manufacturing or design defect. For example, there may be faulty latches or buckles. Perhaps the latches are too difficult to undo, increasing the challenge of rescuing the child from the car. Alternatively, perhaps the latches are too loose, increasing the risk that a child gets ejected from the seat during an auto accident. In addition, the frame of the car seat may be weak, placing children in danger because the seat cannot withstand adequate pressure.
Your child may have suffered harm because a manufacturer tried to cut corners. Using inferior products or materials can contribute to a device that does not work as intended. If they did not take the time to provide proper warnings in terms of installing or using the car seat, they may be held accountable if you relied on these improper warnings. Proving a car seat was defective could require inspection of the item by a qualified expert, something our law firm can assist with. We have experience investigating cases involving complicated products and fighting for our clients in and out of court.Proving Your Child’s Damages Arising from a Car Seat Defect
The timing of when one files a suit is important in a product liability case. Each state imposes its own statute of limitations in which a plaintiff may file a product liability case. Statute of limitation periods generally run from one to three years after the date of the injury or the date the injury should have been discovered. Therefore, it is wise to consult with an attorney as soon after the injury as possible. Otherwise, you may be barred from filing a lawsuit and recovering fair compensation.
A plaintiff in a products liability action cannot recover unless he or she suffered damages as a result of the defective product. Similar to someone harmed by a defective airbag, damages can encompass many different types of harms suffered. Economic damages include past and future medical expenses, loss of income from caring for your child, and your child’s loss of earning capacity. Non-economic damages include things like pain and suffering, loss of enjoyment of life, and loss of companionship.
Many cases end up being litigated over the amount of damages suffered. At NST, we have over 30 attorneys and 120 staff members at our disposal to diligently investigate the facts of your situation and devise a strategy for recovery. If necessary, we will retain expert witnesses in the medical and economics fields to review your case and help prove damages. As a parent, you will want your child to get the best medical care possible. We can help you recover those medical costs as well as compensation for future treatment that may be needed.Speak With a Defective Product Attorney in Memphis or Beyond Today
Car seat manufacturers are trusted to produce safe products, plain and simple. When a large company does not live up to their obligations, the consequences can be tragic, especially if a child is dangerously ejected from a car seat. For a free consultation with a product liability lawyer, call us at 800-529-4004 or complete our contact form. As a large regional personal injury law firm, we represent clients throughout states like Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including in and around Memphis, Nashville, Jackson, Chattanooga, Knoxville, Tupelo, Starkville, Oxford, Meridian, Little Rock, Jonesboro, Cape Girardeau, Hayti, and Caruthersville.