Defective car seats can pose the risk of injury to infants and children, sometimes without even crashing. But most of the time they increase the risk of serious injury or death during an accident. One recent example is the child safety seats recalled by Combi USA because of weak restraint straps. As a result, they can break during a crash.
Car seat manufacturers oftentimes voluntarily recall products when they are defective. But this particular company requested they not have to comply with the recall. Despite testing by the National Highway Traffic Safety Administration (NHTSA) showing the risk of failure, Combi USA argued its testing didn’t show the same results. The company also claimed they had received no complaints of the car seats failure.
Although car seat manufacturers must conduct their own testing to certify that federal motor safety standards are met, the NHTSA performs checks afterward. In this case the company filed a petition against a recall resulting from the NHTSA testing. However, it was rejected and the company has been mandated to follow through on it.
Filing a Claim When a Defective Car Seat Causes Injury or Death
Recalls are one way to help establish that a car seat was defective. But it’s also important to preserve the seat after an accident, which can also help show how it malfunctioned. Because product liability cases are usually complex, it’s advantageous to seek legal advice. An attorney can help assemble the evidence necessary to file a claim.
If a defective car seat was the cause of a child’s injuries or death, compensation may be available to cover medical bills, pain and suffering, mental anguish, disability, funeral costs and more. Call Gacovino, Lake & Associates to schedule your consultation – 800-550-0000.
