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For children ages 1 to 13, car accidents are a leading cause of death. On average, yearly, two children under 13 are killed in Miami alone, and 319 are injured every day while riding in cars, SUVs, pickups, and vans throughout the state of Florida. Most of these car accidents and injuries occur among children traveling as passengers. Restraining children properly in a vehicle's back seat can reduce fatalities and injuries by 71% for infants and by 54% for toddlers. However, it is a harsh reality, and completely unacceptable that many of the car seats and seat belts used to protect our children are, in fact, defective products.
Car seat defects: Why is it happening?
Many defective car seats have been recalled, unfortunately after devastating car accidents, due to different types of problems including:
Negligent or inadequate crash-testing
Chest clip issue
Shoulder straps that unclip or loosen
Weak shell (plastic) material
Risk of separation of the base from the seat
Inadequate head protection
Choking hazards for children
Sharp edges in seats
Loose components that can cause children harm
Difficulty removing child from seat in the event of an accident
Inadequate labeling or instructions for installation and proper use
The most recent car seat recalls include, but are not limited to:
Baby Jogger City Go Infant Car Seat, City Mini Infant Car Seat, Vue Lite Infant Car Seat
Britax B-Safe 35, B-Safe 35 Elite, BOB B-Safe, Click Tight Convertible Car Seats
Combi 8220 (Coccoro)
Graco My Ride 65
Graco ComfortSport, Ready Ride, Classic Ride
4Moms Self-Installing Infant Car Seat
Kiddy World Plus
Evenflo Transitions 3-in-1
Recaro ProSport Combination Car Seats
From defective newborn and toddler car seats to booster seats, many times performance criteria established by the Federal Motor Vehicle Safety Standard 213 (FMVSS 213) are not met, exposing your child to dangerous and life-threatening risks in case of a car accident. Car seat manufacturing companies are very hard to deal with, as they are always blaming parents for not respecting the installation instructions and safety guidelines after they bought and used the car seat or booster seat. Sean Cleary is a product liability attorney in Miami, Florida who will fight the manufacturers and obtain a successful resolution for your family.
The NHTSA conducts the regulation of infant car seats. However, the majority of testing is left to the manufacturer. These companies typically do only the minimal testing required by the NHTSA, which causes many car seat defects to go unnoticed. Additionally, companies must only report defects to the NHTSA if they fall within that agency’s loose requirements. If your child was injured following a car accident and the car seat failed to protect him give us a call and we will check the car seat and let you know if it was indeed defective. Any car seat manufacturer may have a defective product or a defective line of recalled car seats:
Angel Guard Products Inc. (Angel Ride Infant Car Bed)
CARES (Airplane Safety Harness)
Columbia Medical Mfg. (2000 IPS, 2500 IPS, 2400 Sprint APS)
Convaid (Carrot 3)
Cosco (also Dream Ride Car Bed)
Dream on Me
E-Z-ON Products Inc. of Florida (upright and modified vests and harnesses)
Graco Children's Products Inc. (Newell Rubbermaid)
Harmony Juvenile Products
Lilly Gold, LLC
Merritt Manufacturing (Chamberlain, Churchill, Roosevelt, HOPE Car Bed, Jefferson)
Peg Pérego USA, Inc.
R82 (formerly Snugseat) (Pilot, Traveler Plus EL, Hippo)
RECARO Child Safety
Safe Traffic System, Inc.
Special Tomato (Special Tomato)
Thomashilfen (RECARO Monza Reha, RECARO Monza Nova 2 Reha, RECARO ProSport, RECARO Performance Sport Reha)
Nothing is more important to a parent than the well-being of their child. When a car seat is defective, it can cause your children to suffer more severe injuries than they would have if the seat was functioning properly. Injuries have particularly serious impacts on children because of their skeletal development. Infants and children may suffer from:
Spinal cord injuries
Loss of limbs
If your child was injured in a car accident by a faulty car seat, you may have a case against the manufacturer, supplier, distributor, or even the retailer if they:
Failed to inspect or test car/booster seats before placing them on the market
Created a flaw in the car/booster seat
Failed to discover a flaw in the car/booster seat
Failed to discover that the car/booster seat could be dangerous
Failed to warn buyers of the risk or hazard of using the car/booster seat
If you know you followed the Florida child restraints and seat belt law below, and you did your best to purchase and install the car seat or booster seat, and yet after a car accident your child was injured, please call us so we can check and reconstruct the car accident and then let you know if you have a case.
Florida law requires children age 5 and under to be secured properly in a crash-tested, federally approved car seat or booster seat.
Children ages 0 to 3 must be in child restraint devices, such as newborn and toddler car seats, of a separate carrier or a vehicle manufacturer’s integrated child seat.
Children, age 4 and 5 must be in a separate carrier, integrated car seat or booster seat. The best car seat is one that fits your child, fits your car and that drivers will use correctly every time.
Florida law requires the use of seat belts or child restraint devices by drivers of motor vehicles, all front seat passengers and all children riding in a vehicle under 18.
Florida’s safety belt law is a primary enforcement law, meaning that an officer can stop a vehicle and issue a citation simply for observing a safety belt or restraint violation for the driver and any of the passengers of the car.
Children should be in the rear back seats until at least age 12 since deployed front seat airbags can be dangerous and fatal to children.
How can we help after a car accident where a car seat failed to protect your child?
If you think a defective car seat failed to protect and the car accident injured your child, you need legal help you can trust. You need a compassionate attorney who can provide answers. We can help you. Legal actions for receiving compensation are usually challenging as manufacturers will always invoke the negligence of parents in using the product and will never admit they actually sold a defective car/booster seat. Sean Cleary will fight for parents whose children suffered injuries that could have been prevented. With the help of our experts we'll reconstruct the car accident and its circumstances to find out if you have a case.
With considerable experience, product liability lawyer in Miami, Sean M. Cleary and our team of legal specialists and experts, have handled many types of defective car seat cases. We are always ready to listen and offer moral and compassionate support through constantly communicating and working closely with you and your family members. Using the best legal practices and our qualified experts in multiple fields of activity has helped us win many cases in court.
We look forward to talking to you and answering all of your questions in a free legal consultation, without any obligation to use our services. Let us help you and your family determine the cause of your child's injuries, contact us 305.416.9805 today.
Airbags can save lives, but they can be very dangerous for adults, and especially for children. Depending on the severity of the crash, they can deploy at speeds up to 186 miles/hour. Children under 13 are thought to be at risk if in the front seat, where airbags are sure to deploy.
Is It Legal for My Children to Travel in the Front Passenger Seat? »
While Florida car safety laws are not strict for children 6 or older, the Florida Highway Safety and Motor Vehicles clearly recommends that children younger than 13 should ride in the back seat of the vehicle. The reason is that, when deployed, airbags can be extremely dangerous for those under certain height and weight limits.
Should I Replace the Safety Seat If My Child and I Have Been in a Crash? »
After even a minor car accident, the structural integrity and overall safety of a car seat may be compromised, even if the damage is not visible to the naked eye. Parts may have been dislodged or loosened, at is it generally recommended that you replace the safety seat after a car crash.