Car seats are designed to protect our most precious and vulnerable passengers, but what happens when these devices fail? At Cooper Schall & Levy, our experienced product liability attorneys are deeply familiar with the devastating consequences of car seat malfunctions. If your child has suffered an injury due to a defective car seat, this content is for you.
We will focus on the product liability associated with car seat defects, outlining the types of malfunctions, the inherent risks, who may be held accountable for injuries, and how our sharp product liability attorneys can help you recover the meaningful compensation your family deserves.
What Is Product Liability?
Product liability refers to the legal obligation of manufacturers, distributors, and retailers to ensure that their products are safe for use. When a product, such as a car seat, is found to be defective and causes harm through its malfunctioning, the responsible parties may be held liable for any resulting damages. In product liability law, negligence, breach of warranty, and strict liability are the primary theories under which victims can pursue compensation.
Negligence in product liability refers to the failure of a manufacturer or seller to exercise reasonable care in the design, production, or distribution of a product, leading to harm to a consumer.
Breach of warranty involves the violation of an express or implied promise about the quality, safety, or functionality of a product, resulting in consumer injury or loss.
Strict liability holds manufacturers or sellers accountable for injuries caused by defective products regardless of fault or intent. The focus is on the defect of the product rather than the manufacturer’s negligence.
Types of Car Seat Malfunctions and Their Inherent Risks
Car seat malfunctions can occur in several ways, each presenting a different set of risks to the babies and children they are supposed to be protecting, for example:
Faulty buckles that fail to latch correctly or unexpectedly release can lead to catastrophic outcomes in the event of a crash.
Weak shells or frames manufactured with substandard materials may fracture or break, compromising the seat’s integrity.
Improper fit or adjustment features that do not properly adjust to fit the child snugly can result in improper restraint during a collision.
Flammable materials, if used in car seats, greatly increase the risk of injury in an accident that involves fire.
Clearly, such malfunctions can lead to severe injuries or even fatalities. That’s why it is critical to hold manufacturers accountable.
Who Is to Blame for Car Seat Malfunctions?
Determining liability in car seat malfunction cases requires a thorough investigation. The manufacturer is often the primary defendant, but others in the supply chain, including retailers and distributors, may also bear responsibility. Liability is determined based on whether the defect is proved to originate during the design, manufacturing, or marketing phase (which includes failure to warn of potential risks).
Elements Necessary To Prove Product Liability
To establish a successful product liability claim, your attorney must prove four crucial elements:
- When the injury occurred, the product was being used as intended.
- The product was defective.
- The plaintiff suffered injury or loss (damages).
- The defective product directly caused your injury.
How Our Product Liability Attorneys Prove Negligence
At Cooper Schall & Levy, our attorneys are well-prepared to demonstrate how product liability law applies in your case. We are adept at proving negligence by demonstrating that the defendant had a duty to provide a safe product, breached that duty, and caused harm as a result. Our investigative approach typically includes:
- Having engineers and safety experts examine the defective car seat
Once they identify design or manufacturing flaws, they will be able to testify on your behalf.
- Presenting a careful review of safety standards
Our legal team will compare the product with federal and industry safety standards to highlight non-compliance.
- Accident reconstruction
We will have accident reconstruction specialists recreate the incident in detail to illustrate precisely how the car seat’s malfunction contributed to the injury.
Comparative Negligence
Comparative negligence may come into play if the defense argues that the plaintiff’s actions (e.g., incorrect installation) contributed to the injury. Our attorneys are skilled in countering such claims, keeping the focus on the product’s failure.
Services Our Lawyers Provide
Our legal team offers comprehensive services to victims of car seat malfunctions, including:
- Free evaluation of your case
- Comprehensive investigation and gathering of evidence
- Legal representation during negotiations and, if necessary, during litigation
- Legal and moral support during this stressful period
Damages Cooper Schall & Levy Will Fight to Win
Well aware of all you have been through, our goal is to recover maximum compensation:
- Economic damages to reimburse you for present and future out-of-pocket costs, such as medical expenses and lost wages when you missed work in order to take care of your injured child.
- Non-economic damages for your intangible losses, e.g. your child’s physical pain and emotional distress.
- Punitive damages if egregious negligence was part of your case, for example, if the retailer knew the car seat was defective but sold it to you anyway. Punitive damages are awarded not only to punish the defendant but to discourage future misconduct.
Contact Our Capable, Caring Product Liability Attorneys Today
At Cooper Schall & Levy, we know that this case is about more than a defective car seat. Your child’s injury due to another party’s negligence has been traumatic for every member of your family. Our attorneys are both savvy and compassionate. We will work tirelessly to bring you justice and the resources you need to put the horror of this experience behind you. Contact us now for the respectful, personalized attention you deserve.
