What to Do If the Car Seat Is Defective

Every parent remembers that first drive home from the hospital – your newborn secured in their car seat while you drive more carefully than ever. We trust these essential safety devices with our children’s lives, which makes it all the more devastating when a car seat fails to protect our little ones due to a manufacturing defect. As a parent, few things are more frightening than discovering your child’s car seat – the very device meant to keep them safe – may have put them at risk of serious injury or worse.

While no parent wants to imagine their child being harmed by a defective car seat, understanding how to respond and knowing your rights isn’t just important – it could be crucial for protecting your child and other families using the same model. If your child has been injured due to a faulty car seat, you don’t have to navigate this difficult situation alone.

Recognizing Signs of a Defective Car Seat

Car seat defects can take a variety of forms. The following are among the more common examples:

• Defective buckles or chest clips that become unlatched during a collision
• Base units (for detachable car seats) that become dislodged during crashes
• Harness straps that won’t tighten properly
• Lack of sufficient padding, which can leave a child at risk of a head injury

Those are just examples. They don’t necessarily represent all the ways car seats for children can be defective. As car seats become increasingly sophisticated, they often become safer. However, this increased sophistication can also result in new defects that might not have affected early models of car seats.

In some instances, a quick visual inspection can provide signs of a defect. Visual signs of defective child car seats include:

• Cracks, missing pieces, or other signs of wear that you wouldn’t expect in a new car seat
• The appearance of insufficient padding when compared to other child safety seats
• Loose parts
• Any signs that a car seat hasn’t been stored properly, such as cosmetic damage

Along with a visual inspection, you can check to see if a child safety seat is truly safe by looking for the expiration date. The car seat manufacturer should provide this information somewhere on the seat’s label or imprinted in the plastic.

Additionally, when adjusting a car seat, pay attention to whether you’re able to adjust it relatively smoothly. Problems with making adjustments could be a sign of a car seat defect. Naturally, you should consider a car seat unsafe if you’re having trouble adjusting the shoulder belt, keeping buckles secure, etc.

Was your child injured due to a defective car seat? Contact Munley Law for a free case review.

Immediate Steps to Take if You Suspect a Defective Car Seat

Immediately stop using the child seat if you have any reason to suspect it may be defective. While searching for a car seat replacement, do not get rid of this one. You need to document the defect to build a case. Ways to do so include:

• Saving the car seat and storing it somewhere it will be safe
• Taking pictures of any visual signs of a car seat defect
• Taking video of any performance issues
• Keeping a log of any other problems you notice
• Saving medical records if your child sustained injuries requiring treatment

It’s also critical to report a suspected defect to the relevant authorities. Visit the National Highway Traffic Safety Administration   and navigate to the section for reporting a problem.

How to Check for Car Seat Recalls

A car seat manufacturer may issue a recall when a car seat defect is discovered. Ways to check for a recall include:

• Registering your car seat for updates when you purchase it
• Using the NHTSA’s recall checker on the agency’s website to find out if there is a recall
• Monitoring for recall notices that may apply to your child’s car seat

Never use a car seat you suspect is defective just because a manufacturer hasn’t issued a recall yet. Always use a different car seat when you suspect damage or defects.

Filing a Claim for a Defective Car Seat

You may have a right to compensation for medical bills and related losses if your child was injured in a car accident or other such incident because a car seat was defective. You can seek compensation by filing an insurance claim or a lawsuit against the liable party.

The first step in this process involves determining who the liable party may be. Often, the car seat manufacturer is liable for a defective car seat. Car seat manufacturers may also be liable when a car seat manual doesn’t provide correct or thorough information about safe usage.

However, there are instances when others may be liable. Consider these examples:

• A distributor or retailer may be liable if they knowingly sold a defective child car seat instead of complying with a recall notice
• A supplier who provided the manufacturer with defective parts may thus be liable for a defective car seat
• Sometimes, technicians and other professionals involved in the installation of a car seat are liable

You must prove liability when filing a claim or lawsuit for compensation after safety seat failure. This requires gathering evidence. Forms of evidence that may be useful in this type of case include:

• The car seat itself
• Videos and pictures of the defect
• Documentation of recalls or other consumer issues with this specific car seat
• Medical evidence indicating a child’s injuries most likely resulted from a problem with the child’s car seat

There are also deadlines you must keep in mind when seeking compensation in a child car seat case. For example, in Pennsylvania, the statute of limitations usually requires someone to file a product liability lawsuit within two years of an injury occurring. You could lose your right to compensation if you miss the deadline.

That doesn’t need to happen. Ready to file a claim? Let Munley Law’s experienced attorneys handle your case.

Proper Car Seat Installation and Usage

Review the owner’s manual very carefully when installing a child’s car seat. Proper installation is essential to your child’s safety during a car accident (and on the road in general). In addition, if an insurer or liable party can find evidence indicating you failed to install a car seat correctly, they can argue they’re not responsible for providing compensation. Consider hiring a professional to install a non-detachable car seat if you’re not confident you can safely do so yourself.

It’s also important to make the choice between your two key options:

• Rear-facing car seat: Rear-facing car seats protect smaller children from the force of a collision during a crash. Check age, weight, and height guidelines to determine whether this type of car seat is right for your child.
• Forward-facing car seat: It’s generally stated that parents may switch to forward-facing car seats when children reach the age of two. However, every child is different. It’s best to consider height and weight factors when deciding when to make the switch. There are also convertible child seats that can serve as both a rear-facing car seat and a forward-facing car seat.

No matter what type you choose, if you’re installing a child’s car seat yourself, take care to avoid common mistakes. Installation mistakes to be aware of include:

• Placing the seat belts across the wrong parts of the body
• Not checking whether a seat belt is expired
• Using the wrong position for the harness retainer or the chest clip
• Installing a car seat too loosely (as a car seat should not move more than one inch when you apply force or pressure at the belt path)
• Not setting the correct recline angle for a rear-facing seat
• Using the wrong belt path orientation (like a forward-facing belt path orientation for a rear-facing car seat or vice versa)

Was your child injured due to a defective car seat?  Schedule a consultation with Munley Law today.

Insurance Coverage for Car Seats After Accidents

Collision coverage may cover the cost of a replacement seat. When filing a police report after a car accident, make sure you mention the seat to include it in the accident report. Check your policy to confirm whether it offers car seat replacement coverage.

Always replace a car seat right away after an accident. Do so regardless of whether you believe a defect contributed to any injuries your child sustained. An accident could have caused significant damage that you might not be aware of.

Your personal injury protection insurance might also compensate for medical bills and related losses after an accident. If someone else caused a crash, their bodily injury liability insurance may also offer coverage. That said, knowing which insurers are responsible for compensating you and getting them to pay up can be difficult if you attempt these issues independently.

Are you having trouble with insurance companies? Let Munley Law fight for your rights.

Legal Options if Your Child Was Injured by a Defective Car Seat

Consider legal action if your child was injured or lost their life due to a suspected car seat defect. The types of compensation that may be available can depend on numerous factors. For example, you may seek compensation for:

• The cost of a child’s past and current medical care
• The cost of future care if a child sustained serious injuries that are likely to require ongoing treatment
• Related costs, like the cost of buying specialized equipment or making home modifications to accommodate a child’s injuries
• A child’s pain and suffering
• Wrongful death damages, like the mental and emotional difficulties parents may struggle with when coping with the loss of a child

An attorney can help with your case in many ways if you believe your child was injured because of a car seat defect. The following are just some of the ways our team can assist you during this challenging time:

• Reviewing your case, answering your questions, and generally helping you better understand your legal options
• Investigating your case to identify the liable parties
• Gathering evidence of liability
• Accounting for your damages and documenting them to show why you may deserve the compensation you’re seeking
• Completing claim or lawsuit paperwork and submitting it by all applicable deadlines
• Negotiating a settlement with the insurance company or liable party
• Representing you in court if an insurer or liable party refuses to make a fair settlement offer

If your child has been injured, don’t wait. Contact the product liability lawyers at Munley Law for a free case evaluation.