Product Liability Law Blog

More needs to be done to prove child safety when it comes to seat belts—especially as not all US states require that kids ages 4-8 use booster seats. Unfortunately most seat belts are unable to properly fit over the bodies of many children to ensure maximum protection, which can result in catastrophic seat belt-related injuries, known as seat belt syndrome, during a car accident.

Just last year, one 7-year-old’s life changed forever when she sustained seat belt-related injuries during a catastrophic Minnesota car accident. Brynn Duncan was wearing a seat belt, but she had pulled the shoulder belt over her back so it wouldn’t sit on her face. The lap belt she was using fell over her stomach. When the vehicle Brynn was riding in crashed, she sustained a crushing spinal cord injury, bowel and kidney damage, and a bruised heart.

Doctors had to remove her kidney, appendix, and gallbladder. Brynn suffered from infection and depression and sustained permanent injuries. She now requires the use of her wheelchair.

Seat belt syndrome is not uncommon and while US states that don’t require kids, ages 4-8, to use booster seats should consider whether to revise their laws (which many parents turn to for guidance), there is a lot more that auto manufacturers and seat belt designers can do to make sure that kids and adults are properly protected when wearing seat belts and that these safety devices do not cause serious injury.

Injuries linked to seat belt syndrome include liver injuries, abdominal organ injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal cord injuries, and death. Seat belt injuries that occur because the safety device was designed poorly or because the seat belt malfunctioned can be grounds for the injured party and his or her family to file a defective seat belt lawsuit.

Recently, automaker Ford announced its latest development in seat belt technology: inflatable seat belts. Designed to improve rear-seat passenger protection, especially for kids, the belts contain airbags that are supposed to inflate during certain kinds of auto collisions. Hopefully the new belts can provide the added protection kids and adults need during an auto collision.

Ford Says Inflatable Seat Belt Could Reduce Crash Injuries, Wall Street Journal, November 9, 2009

AAA Minnesota/Iowa & Safe Kids Minnesota Support Enhanced Child Restraint Legislation "The Brynn Duncan Law", Reuters, January 6, 2009

Brynn Duncan’s condition worsens, surgery needed, Daily Journal, September 10, 2008

Related Web Resources:
Seat belt syndrome, Wrong Diagnosis

Child restraint laws, Insurance Institute for Highway Safety

Continue reading "Seat Belt Syndrome: Child Safety Continues to Take a Back Seat " »

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Posted In: Automotive Product Liability , Catastrophic Injuries , Defective Seatbelt and Restraint System Cases , Injuries to Children & Minors , Kids in Cars , Minnesota , Motor Vehicle Safety , Seat Belts , Spinal Cord Injuries , States

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The National Highway Traffic Safety Administration is sponsoring Child Passenger Safety Week. From September 12 – 18, parents can go to a free safety seat inspection station where safety technicians can show them how to properly install a child safety seat. Please click on the link provided below to find an inspection station near you.

The NHTSA says child safety seat use is at its highest ever:

Kids 0-12 months: 99% child safety seat use
1-3 years: 92% child safety seat use
4-7 years: 89% child safety seat use

Also, drivers who used seat belts were more likely to place children in child safety seats than motorists who were unbelted.

Thousands of safety seat inspection sites have been set up throughout the US. While the NHTSA has found that most young children are using child safety seats many of them are not properly secured in the restraint devices. This means that these kids are still susceptible to the dangers that parents are trying to avoid by properly restraining them.

Out of every four child restraint systems in use, three of them aren't used correctly. In some instances, the seats that were selected for certain children was not appropriate for their weight or age, children were not properly secured in their seats, or the restraint systems were not correctly attached to vehicles.

Our child seat defect law firm cannot emphasize enough how important it is that you choose the right child safety seat for your son or daughter. Not only should the restraint system be the appropriate one for your child’s age and weight, but you must make sure that your child and the restraint system are secured correctly. It is also the responsibility of the child safety seat manufacturer to make sure that the seat is free from design or malfunction defects, comes with the proper and complete instructions, is marketed correctly and appropriately, and warns of any risks and dangers that can result from use. Defects to child safety seats can prove fatal during a car crash and may result in traumatic brain injuries, crush injuries, and even death.

Our child seat defect lawyers are nationally recognized for our work representing clients with injuries to minors cases whose children were hurt in auto accidents because a child safety seat manufacturer was negligent or because of some auto defect that proved catastrophic.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009

Child Restraint Use in 2008 (PDF)

Related Web Resources:
Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

Seat Inspection Station Locator

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Posted In: Child Car Safety Seats , Defective Seatbelt and Restraint System Cases , Injuries to Children & Minors , Kids in Cars

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According to the US Department of Transportation, each year 22,372 serious injuries and 1,652 traffic deaths could be prevented by the use of seat belts, which reportedly saved 15,147 lives in 2007, if seat belt use rates in each use state was at 90%. US Transportation Secretary Ray LaHood calls safety belt use the “most effective traffic safety device every invented.”

To show people how serious safety and transportation officials throughout the US are about promoting the use of safety belts, the “Click It or Ticket” campaign will take place this year from May 18 – 31. Over 10,000 police agencies are expected to patrol the streets to catch and cite people that are caught not using seat belts when riding in motor vehicles.

Currently, the National Highway Traffic Safety Administration National Occupant Protection Use Survey reports that the seat belt use rate for 2008 was 83%. However, one out of every five Americans still does not buckle up.

Teens are an age group of special concern. 2,502 of the 4,540 16-20 year old auto occupant victims that died in 2007 were not using seatbelts. 65% of the teen drivers that died in nighttime car accidents that year were not using seat belts.

Defective Seat Belts
In order for seat belt use to save lives and prevent serious injuries, the safety belt must be free from defects so that it works properly. Unfortunately, seat belt defects do occur and car makers have been known to recall vehicles because of defective safety belts. Also, injury victims and the surviving families of those who have died because a seat belt malfunctioned or had a defect have sought products liability and wrongful death recovery from the negligent manufacturers.

Recently, a woman who became paralyzed in a 2006 Colorado rollover accident was awarded a $4.23 million seatbelt defect judgment against Ford Co. Erica Hoffman’s auto products liability lawsuit contended that the seat belt was faulty and that it came unlatched during the auto accident.

A Colorado jury awarded Hoffman $18 million, assigning 25% of the liability to Ford. She also settled with TRW Automotive Safety Systems Inc, the company that made the seat belt, as well as the driver of the 1999 Ford Mercury Cougar Coupe that was involved in her rollover accident.

Car makers and seat belt manufacturers must be held liable for negligence when they make and install safety belts that are defective. Vehicle occupants rely on safety belts to keep them secure in the event of a motor vehicle crash. A seat belt that doesn’t work properly can cause a vehicle occupant to hit his or her head against the windows or roof of a car. He or she can also get thrown out of the vehicle. A person whose seat belt unlatches during an auto accident could end up with a traumatic brain injury, a spinal cord injury, or massive internal injuries that might otherwise have been prevented.

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Woman wins $4.23 million from Ford in lawsuit, Examiner.com, May 1, 2009

Related Web Resources:
Click it or Ticket, NHTSA

Seat Belt Use in 2008 - Use Rates in the States and Territories (PDF)

Continue reading "Nationwide “Click It or Ticket” Campaign A Reminder of How Seat Belts—When Defect-Free—Can Save Lives" »

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Posted In: Automotive Product Liability , Colorado , Defective Seatbelt and Restraint System Cases , Seat Belts , States

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Toyota is recalling over 90,000 2008 Highlander and Highlander Hybrid SUVS because the seat belts in the third row may not secure a child restraint system properly.

The National Highway Traffic Safety Administration says that the seat belt webbing is not being properly secured by the automatic locking retractor. This is causing the webbing to “spool out during normal driving.” This failure could affect the ability of a child restraint system to function properly and cause serious injury to a child during a motor vehicle accident.
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Child Restraint Systems
Child restraint systems are used to secure infants and kids safely in cars so that their injuries are minimized in the event of a motor vehicle crash. There are child restraint laws in all 50 US states and the District of Columbia that requires that children in motor vehicles be secured by some type of restraint system.

It is important that the child restraint system you use for your child is functioning properly, free from manufacturing defects, and is secured properly. It is also important that the seat belt that you use to secure the child restraint system is working properly so that the system can work correctly.

Defective Seat belts and child restraint systems can lead to many kinds of serious injuries when there is a serious auto accident, including:

• Roof crush injuries during a rollover crash
• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal organ damage
• Blunt force injuries
• Cuts and bruises from being thrown into doors or through glass windows
• Death

Our automotive products liability law firm is known for helping victims of auto accidents recover personal injury compensation for their injuries, pain, and suffering. We have recovered over $150 million in settlements and verdicts for our injured clients.

Child safety seat belt problems force Toyota to recall 90,000 Highlanders, Automotive Business Review
Toyota Recalls Highlander, Highlander Hybrids for Seat Belt Problem, ConsumerAffairs.com, May 3, 2008

Related Web Resources:

National Highway Traffic Safety Administration

Toyota

Continue reading "Toyota Recalls 90,000 2008 Highlander and Highlander Hybrid SUVs Because of Child Safety Seat Belt Problems" »

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Posted In: Defective Seatbelt and Restraint System Cases , Injuries to Children & Minors , Kids in Cars , Toyota Safety Issues

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In Florida, a Maine couple is suing Mitsubishi Motors for the death of their son. Donna and Peter Laliberte are accusing the auto manufacturing giant of covering up defect flaws in its Montero Sport line, which resulted in the tragic death of 25-year-old Scott Laliberte.

Laliberte was killed while riding in a 2000 Montero Sport in September 2004 on Interstate 95 in Brevard County, Florida. His friend had been driving the SUV when the single-vehicle rollover accident occurred. Laliberte’s parents allege in their lawsuit that their son was partially ejected from the motor vehicle during the rollover accident because the seat recliner mechanism and seat belt both had inherent flaws.

Halfway through the 2000 model year, Mitsubishi had introduced a new 2000 Montero Sport. The automaker wanted to fix certain flaws detected during crash tests. Mitsubishi, however, did not report the flaws.

Mitsubishi’s reputation took a beating that year after admitting it had spent decades covering up auto defects and try to secretly repair the problems without issuing recalls. Dozens of motor vehicle accidents occurred because of these defects.

The manufacturer giant admits that it incorporated a 10-inch loop into the seat belt of the newer 2000 Montero Sport to better protect passengers because the original stitching came loose during a crash test. Mitsubishi, however, maintains that the original 2000 Montero Sport did not have problems with the seat or seat belt.

Seatbelts—when used and used correctly—can save lives. However, a seat belt system that is poorly made or defective can sometimes be the difference between life and death for the person using the flawed seatbelt. Thousands of people die every year because an auto manufacturer did not fulfill its obligation to consumers by designing a seat belt system that works.

Common Seat Belt Defects Include:

Torn or Ripped Webbing: A flaw in the webbing of the seat belt allows it to rip apart during an accident.

Inertial Unlatching: A problem with the latch plate of the seat belt causes it to become unlatched during an accident

Retractor Failure: A problem with the belt’s retractor design or during manufacturing prevents it from locking and properly securing the passenger.

Visit the Defective Seatbelt and Restraint System Cases section of our Web site for a list of more seat belt defects.

For over 20 years, our products liability law firm has represented many families and individuals in products liability lawsuits against some of the biggest car manufactures in the world.

Couple takes on carmaker in death of son, Palmbeachpost.com, February 4, 2008

Related Web Resources:

SafetyForum

Mitsubishi Motors

Continue reading " Products Liability Lawsuit Claims Mitsubishi Covered Up Design Flaws that Caused Wrongful Death " »

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Posted In: Automotive Product Liability , Defective Seatbelt and Restraint System Cases

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