Miami Defective Child Safety Car Seat Lawyer Sean M. Cleary
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We thoroughly review your case and provide quality legal advice.
We investigate the accident in great detail to gather evidence.
We work with top experts to hold the manufacturers accountable.
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Sean M. Cleary
Injury Following the Use of Defective Child Safety Seats in Miami
For children between the ages of 1 and 13, car accidents are a leading cause of death. On average, 2 children under 13 are killed in Miami alone every year and 319 are injured every day while riding in vehicles throughout 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, many of the car seats and seat belts used to protect children are, in fact, defective products. Accordingly, they are liikely to fail to protect the child in the unfortunate event of a car accident.
There are numerous reasons why defects in the manufacturing of child safety seats take place. However, while not bothersome under normal circumstances, manufacturing defects in child safety seats may prove fatal in the unfortunate event of a car accident. It is often after a car accident that certain child safety seats are recalled, since their defectiveness had not been noticed until then.
Here are only some of the problems which can occur in child safety seats:
Negligent or inadequate crash testing
Shoulder straps that unclip or loosen
Weak shell material
Risk of separation of the base from the seat
Inadequate head protection
Choking hazards for children
Loose components which can harm children
Difficulty removing the child from the seat
Many times, performance criteria established by the Federal Motor Vehicle Safety Standard are not met, whether it comes to newborn and toddler seats or booster seats, which exposes your child to dangerous and even life-threatening situations in the case of a car accident. However, child safety seats manufacturers are very difficult to deal with, as they often blame parents for not following the installation instructions and safety guidelines after they bought the product. As a product liability attorney, Sean M. Cleary has over 20 years of professional experience and will gladly offer you legal assistance if your child was injured by a defective safety seat.
The most recent child safety seats recalls include the following:
The National Highway Traffic Safety Administration is the agency which issues the regulations of child safety car seats. However, the testing is done by the manufacturer. These companies usually perform only the minimal testing required, which thereby causes numerous defects to go unnoticed. Additionally, child safety seats manufacturers must report to the National Highway Traffic Safety Administration only if their products fall within the agency’s loose requirements.
If your child was injured following a car accident and the safety seat failed to protect them, do not hesitate to reach out to our attorney. Our experts will carefully assess the safety 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, such as:
What Injuries Can Defective Child Safety Seats Cause?
Nothing is more important to a parent than the well-being of their child. When a safety seat is defective, it can result in your child suffering more severe injuries than they would have if the seat was functioning properly in the regrettable event of a car accident. It is worthy of note that injuries have a particularly serious impact on children because of their skeletal development. Therefore, infants and children may suffer the following:
If you followed the Florida child restraints and seat belt laws below and did your best to install the seat, yet after a car accident, your child was injured, please call our law firm. The accident experts we collaborate with will reconstruct the car accident and let you know if you have a case.
Here are the Florida laws regarding child safety seats:
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 The Law Offices of Sean M. Cleary Help You in a Defective Child Safety Seat Case?
If you think a defective safety seat failed to protect your child in a car accident, you have the right to take legal action and recover compensation for the injury your child sustained. Our compassionate and knowledgeable attorney can provide you with the answers and legal advice you need.
While taking legal action for receiving compensation in such a case is usually challenging, as manufacturers will always invoke the negligence of the parents in using the product, we can help you. Sean Cleary will fight for parents whose children suffered injuries that could have been prevented.
With over 20 years of professional experience, our product liability attorney and our team of legal specialists have handled a wide range of defective child safety seats cases. We are always ready to listen and offer emotional support through constantly communicating with you and your family members. If your child was injured by a defective safety seat in a car accident or, even more tragic, lost their life, please reach out to us and we will strive to recover the compensation you need from the negligent party.