Product Liability Law Blog

Car seat manufacturer Britax Child Safety Inc. has announced the recall of thousands of Chaperone Infant Child Restraint Systems over concerns that the harness adjuster may detach, failing to properly restrain a child in the event of a car crash. About 14,220 of the child safety seats that are affected in the US. Another 3,600 are part of a recall in Canada. The models involved were manufactured between 9/10 and 4/11 and are the:

• E9L692M
• E9L692K
• E9L692L
• E9L692J

Britax said it has received over 50 complaints involving the seat-harness adjuster separating from the car seat. The adjuster is supposed to loosen and tighten the belts that are supposed to keep the child properly secured. If the belts fail, the boy or girl in the car seat may not stay safely restrained during a collision. Britax says it isn't aware of any injuries caused by this product defect.

Our child products liability lawyers cannot stress the importance of not only using a car seat that is working properly but also one that is the right size for your son or daughter. Not every car seat will work for every child nor will it work in every car. You must make sure that the seat is the right fit for a child's height, weight, and age. You must also make sure that the child is properly harnessed to the seat so that in the event of a collision, he/she is protected as much as possible from the impact of the crash and stays safely seated.

Unfortunately, even when a guardian or parent does everything possible to make sure that a child is securely seated in the right car seat, there are design defects and malfunctions that can occur. A child whose car seat malfunctions or is defective may end up thrown into the seat in front, against or through the back window, or out of the vehicle. In the event of a rollover accident, the child or infant may end up striking the roof of the car. Traumatic brain injury, spinal cord injury, broken bones, organ damage, other serious injuries, and/or death may result.

At The Gilbert Law Group, our car seat defect lawyers are experienced in pursuing personal injury damages from child car safety seat manufacturers. Over the years, we have secured verdicts and settlements worth millions of dollars for kids and their families.

Read the National Highway Traffic Safety Administration's Announcement of Britax's Latest Child Safety Seat Recall

Britax USA

Car Safety

Car Seats, Consumer Reports

More Blog Posts:
NHTSA Announces New Child Seat Guidelines, Product Liability Law Blog, March 21, 2011

794,247 Dorel Juvenile Group Child Safety Seats Recalled by NHTSA Over Safety Harness Issue, Product Liability Law Blog, February 21, 2011

About 23,000 Britax Child Safety Seats Recalled, Product Liability Law Blog, November 7, 2010

Continue reading "Faulty Harness Adjusters Prompts Britax to Recall Over 14,000 Child Safety Seats " »

Importer Triple Eight Distribution risk is recalling approximately 30,400 bicycle helmets for youth and kids over concerns that they may not protect riders from head injuries during fall accidents. Testing of the helmets revealed that they are not in compliance with Consumer Product Safety Commission Standards.

Considering that a helmet and other safety gear are the only protections that a bicyclist would have during a traffic accident, it is important that it is properly constructed and designed to provide the needed before between the cyclist and the road or a vehicle during impact. Kids should stop using the helmet right away and get in touch with Triple Eight to ask for your money back.

According to statistics on the Bicycle Helmet Safety Institute's Web site:
• Of the 630 bicyclists that died in the US in 2009, 74 of them were under the age of 15
• Young bicyclists involved in a traffic crash had a greater chance than adult riders of dying from a head injury
• 75% of bicycle deaths in 2000 involved collisions with motor vehicles
• Also that year, head injuries were a factor in 62.6% of bicycle accident deaths.

At The Gilbert Law Group, we have child injury lawyers who are knowledgeable in the area of catastrophic injury that can help families recover compensation from the manufacturers, retailers, and distributors of dangerous and defective products. Ask to speak with one of our products liability lawyers today.

Unfortunately, traffic crashes are the leading cause of head injuries. A seemingly minor bump can later prove to be something much more serious and permanent.

Symptoms of a possible traumatic brain injury:
• Sudden, uncontrollable drowsiness
• A stiff neck
• Loss of consciousness
• Pounding headache
• Throwing up
• Convulsions
• Sudden inability to hear properly
• Skull fracture
• Changes to your pupils
• Vision problems
• Scalp injury
• Head swelling
• Facial bruising
• Loss of ability to move legs or arms
• Decreased blood pressure
• Slurring your speech
• Confusion
• Disorientation

According to KidsHealth.org, approximately 500,000 kids are seriously injured in US bicycle accidents. Most of these injuries could have been prevented if the children had worn helmets.

It is important that a helmet meet either Consumer Product Safety Commission standards or the ones set by the nonprofit group Snell Memorial Foundation. The helmet should also be well-ventilated, correctly fit your child, and is of a color (fluorescent or bright) that can make it easy for other motorists and bicyclists to see. Once a helmet has been involved in an impact collision, it is a good idea to replace it right away because they can lose their ability to absorb shock.

Bicycle Helmets Recalled by Triple Eight Distribution Due to Risk of Head Injury, The Sacramento Bee, January 6, 2012

Bicycle Helmets Recalled by Triple Eight Distribution Due to Risk of Head Injury, CPSC, January 6, 2012

Bike Safety, KidsHealth

Bicycle Helmet Safety Institute

More Blog Posts:
Choking Hazard Prompts Build-A-Bear to Recall Over 280,000 Teddy Bears, Product Liability Law Blog, December 28, 2011

Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys,
Product Liability Law Blog, November 29, 2011

Michigan Products Liability Lawsuit Seeks Wrongful Death Damages Against Nap Nanny Maker, Product Liability Law Blog, November 19, 2011

Continue reading "Head Injury Risk Prompts Triple Eight Distribution to Recall 30,400 Bicycle Helmets for Kids " »

The parents of a teenage girl are suing General Motor for her Texas SUV rollover accident injuries. The teen and other students were riding a Chevrolet Suburban in 2007 when the teacher, who was driving the vehicle, lost control of the sport utility vehicle, which then rolled over.

Even though she was properly restrained, Rachel and Matt Blalock's daughter was thrown from the SUV. Another teenager who was also ejected from the vehicle (police reports say she wasn't wearing a seat belt), died.

In their Texas auto products liability complaint, the Blalocks claim that the SUV did not provide adequate restraint or sufficient occupant protection from rollover accident. They also believe that the Chevy Suburban, which they contend was dangerous and defective, lacked the adequate safeguards to prevent ejection. They are accusing General Motors of failing conduct adequate engineering analysis or testing.

The Blalocks are seeking damages for their daughter's mental trauma, emotional distress, pain and suffering, disfigurement, impairment, medical costs, loss of earning capacity, loss of consortium, and other damages.

SUV Rollover Lawsuits
If you or someone you love was injured in an SUV rollover crash, the sooner you retain the services of an experienced auto products liability law firm that knows how to pursue your recovery, the better. There is a lot of evidence that will need to be gathered and preserved, as well as many questions that witnesses, accident reconstructionists, other experts, police, doctors, and others will have to answer.

Unfortunately, there are auto defects and deficiencies can result in the failure to protect occupants during a rollover crash. Motor vehicle manufactures know this and it is their job to make sure that they do everything possible so that passengers aren't seriously injured or killed. Proper seat belt protection and roofs that are solid enough that they won't result in collapse (known as "roof crush"), and advanced window glazing to protect occupants during impact, are among the safety features that can be implemented.

Ejection Mitigation
Studies show that occupants that aren't ejected from an auto during a collision have a higher survival rate. Fortunately, beginning in 2013, car manufacturers will have to start installing "ejection mitigation" systems in all motor vehicles. All new autos will have to include this feature by 2018. This means better side air bags and window glazing. Also per the new NHTSA-issued rule, motor vehicles weighing less than 10,000 lbs will have to establish a countermeasure that would stop unbelted adults from being able to go 4 inches beyond the opening of a side window during a collision. NHTSA says about 476 serious injuries and 373 deaths could be prevented every year with these new safety measures.

Lawsuit against GM filed over deadly Suburban rollover, Southeast Texas Record, August 15, 2011

U.S. Department of Transportation Issues New Ejection Mitigation Rule, NHTSA, January 13, 2011

Related Web Resources:
NHTSA on Ejection Mitigation (PDF)

TOP SAFETY PICKS 2011, Insurance Institute for Highway Safety

More Blog Posts:
Parents File Massachusetts $7M SUV Rollover Lawsuit Against Mitsubishi Motors Over Teenager's 2009 Wrongful Death, Product Liability Law Blog, April 20, 2011

US DOT Issues Rule to Reduce Vehicle Ejections During Rollover Accidents, Product Liability Law Blog, February 4, 2011

Ford SUV Rollover Lawsuit: Jury Awards Baseball Player's Family $131 Million, Product Liability Law Blog, September 27, 2011

The National Highway Traffic Safety Administration has unveiled new child restraint guidelines that are categorized by age instead of the type of child seat. NHTSA wants children to use the restraint type recommended for each age for as long as possible before moving on to the next recommended child safety seat. Hopefully, these new guidelines will decrease the number of child injuries during car crashes.

NHTSA's car seat recommendations:
Up to 12 months: A rear-facing car seat.

1 to 3 years: A rear-facing car seat for as long as possible is recommended. NHTSA says to keep the child in this seat until he/she hits the weight or height limit allowed by the car seat manufacturer.

4 to 7 years: A forward-facing seat with a harness is best until he/she hits the weight or height limit.

8 to 12 years: A booster seat. The child should use a booster seat until he/she is big enough to use just a seat belt. Remember, the seat belt's lap belt should be able to snuggly go across the upper thighs (not the stomach) and it should also be snug over the chest and shoulder (not the face or neck). Previously, booster seats were recommended until only age 8.

Meantime, the American Academy of Pediatrics, which published a new policy in Pediatrics' April 2011 issue, advices that toddler should be kept in rear-facing car seats until they either turn 2 or grow bigger than the weight or height limit for the car seat. This is a revision of its previous age 1 recommendation for when to face the child safety seat forward.

According to a 2007 study in the journal Injury Prevention, children younger than 2 are 75% less likely to die if they are seated in a rear-facing child safety seat. On CNN.com, pediatric emergency doctor Dennis Durbin is quoted as saying that one reason that rear-facing child safety seats are safer is that they are better at supporting the spine, neck, and head during a car crash.

Our child injury lawyers represent families of kids hurt in car crashes because a child car seat was defective or failed in some way. Manufacturers must make sure that their products not only adhere to standards set by the government but also, they must be safe for use. Otherwise, injury or death can be grounds for a products liability case.

New Age-Focused Guidelines Help Parents Make More Informed Choices, NHTSA, March 21, 2011

AAP: Toddlers in rear-facing seat until 2, CNN, March 21, 2011

Child Safety-Seat Recommendations, Revamped, ABC News, March 21, 2011

Related Web Resources:
Car Seat Recommendations for Children, NHTSA (PDF)

Pediatrics

In an attempt to protect pedestrians—especially kids and the elderly—from backover accidents, the U.S. Department of Transportation's National Highway Traffic Safety Administration is proposing a new safety regulation to get rid of the blind zones that exist behind motor vehicles. Congress mandated the proposed rule under the Cameron Gulbransen Kids Transportation Safety Act of 2007. Gulbranesen, 2, was killed after his father backed a car over him by accident in their driveway.

Under the proposed rule, the field of view for all pickup trucks, passenger cars, buses, minivans, and low-speed autos with a gross vehicle weight of 10,000 or greater would be expanded so that drivers would be able to see directly in the back of the auto when its transmission is in reverse. Auto manufacturers would likely have to install in-vehicle displays and rear mounted video cameras to meet the proposed standards.

In order to satisfy the rule's requirement, 10% of new autos would have to be in compliance by September 2012. By September 2013 there would have to be 40% compliance among outs. 100% compliance would have to be in effect by September 2014. The NHTSA, however, is quick to point out even when new technology has been put in place, driver attention is still necessary.

According to NHTSA:

• About 18,000 injuries and 292 deaths take place each year because of back-over accidents.


• Kids and the elderly are especially vulnerable to backover injuries.

NHTSA is allowing for a 6-day comment period on this rulemaking. This period starts when the Federal Register publishes the proposal.

Unfortunately, poor visibility, blind spots, and driver inattention can cause a motorist backing out of a driveway, road, or parking space to accidentally run over a pedestrian or a bicyclist. Even if the motorist isn't going at a fast speed, serious injuries and deaths can result.

According to the Insurance Institute for Highway Safety, pickup trucks and sport utility vehicles are involved in more backover accidents than other vehicles. A larger blind spot and the fact that the motorist is usually seated higher off the ground increases these vehicles' backover risk because it makes it harder for drivers to see.

U.S. DOT Proposes Rear View Visibility Rule to Protect Kids and the Elderly, NHTSA, December 3, 2010

Backover Crashes, IIHS

Related Web Resources:
Backover Infomation, Kids and Cars.org

One Child's Death is One Too Many - Preventing Backovers in America's Driveways, AAA Exchange

Cameron Gulbransen Kids Transportation Safety Act of 2007, Public Citizen

Continue reading "US DOT Fights Backover Accidents with Proposed Rear View Visibility Rule" »

The US Consumer Product Safety Commission and Britax Child Safety Inc. have announced the recall of about 23,000 Chaperone Infant car seats. The recall comes after the manufacturer received three reports of minor injuries sustained because the seat's harness chest clip broke and became a laceration danger and a choking hazard.

Injuries reported have included scratches to the arms and a finger related to the child seat defect. One infant reportedly put the chip in his mouth.

Parents, guardians, and caretakers are asked to stop allowing the babies and young children to use the car seats. If you contact Britax, the manufacturer can send you a free repair kit.

It was just last month that Evenflo recalled more than 18,000 Maestro child safety seats because they failed a frontal-impact crash test conducted by Consumer Reports. Two of the seats that were tested ended up with a harness that had come loose and a crack shell. No injuries to children were reported.

According to the National Highway Traffic Safety Administration in 2008, research showed that child safety seats reduces fatal crash injuries for infants in the under the 1 age group by 71%. It lowers the number of fatal car crash injuries for kids in the 1 to 4 age group by 54%. When a child is securely fastened in a child safety seat while riding in a light truck, the reduction in fatal injuries for infants is 58%. It is 59% for the 1 – 4 age group.

Unfortunately, even if a parent or caretaker secures a child in a safety restrain system that is the right size and type, if the child safety seat isn't free from defects and/or malfunctions, then their attempts to protect their son/or daughter from getting hurt or dying in a car crash can prove futile.

Manufacturers of defective child car seats and booster seats can be held liable for products liability.

Infant Car Seats Recalled by Britax Due to Laceration and Choking Hazards, Consumer Product Safety Commission, November 4, 2010

Occupant Protection, 2008 Child Safety Facts, NHTSA (PDF)

Evenflo Maestro Car Seats Recalled After They Fail "Consumer Reports" Crash Test, Product Liability Law Blog.com, October 18, 2010

Child Passenger Safety Week: Protecting Your Child with the Proper Child Safety Seat, Product Liability Law Blog.com, September 22, 2010

Related Web Resources:
Car Safety Seats: Information for Families for 2010, Healthy Children, American Academy of Pediatrics

SeatCheck.org

Continue reading "About 23,000 Britax Child Safety Seats Recalled" »

Evenflo Company, Inc., a leading maker of child and baby gear, is recalling over 18,000 Evenflo Maestro child car seats in the US and Canada after the safety seats failed a Consumer Reports crash test. During the simulated 30-mph frontal-impact crash test, Consumer Reports found that two of the seat units' plastic shell cracked and their harness loosened. No injuries or deaths related to the safety issues have been reported to date.

Now, although Evenflo says that when it conducted tests to verify Consumer Reports' findings no such product flaws developed, the manufacturer has voluntarily recalled 13,792 units in the US and 4,479 units in Canada. The units that were recalled in the US were made before April 10, 2010.

Owners can obtain a free repair kit to fix the safety issue. Evenflo will provide a metal reinforcement plate that will provide better support.

Child Car Safety Seat Defects
Our child injury lawyers cannot stress the importance of making sure that your child is seated in not just the right safety seat for his/her size, but also that the car seat is free from defects that could cause it to malfunction during a car crash. It is essential that your son or daughter is properly secured at all times or the likelihood of serious injury or death during a traffic collision goes up.

According to University of Alabama at Birmingham professor Martha Bidez, Ph.D., US car safety polices for child passengers are among the weakest in the developed world. Despite the fact that car crashes continue to be the number one cause of death for US kids, ages 3 to 14, Bidez, an advocate for better US child protection standards,says that the National Highway Traffic Safety Administration still refuses to adopt mandatory, stringent crash testing of child restraints. She also contends that the US is falling behind other countries when it comes to protecting child passengers. Meantime, South America has just adopted a child-restraint-testing program as part of its Latin NCAP (New Car Assessment Program). Australia and Europe have used child dummies in rear seats during crash tests a number of years.

Lax U.S. standards for rear-seat restraints put kids at risk, UAB expert says, UAB Media Relations

Evenflo Maestro Car Seat Recalled After Failing Consumer Reports Crash Test, PR Newswire/Consumer Reports

Evenflo Initiates Voluntary Safety Recall of Certain Combination Booster Seats, Evenflo, October 15, 2010

Related Web Resources:
Car Safety Seats: Information for Families for 2010, Healthy Children

Consumer Reports

Child Safety, NHTSA

Continue reading "Evenflo Maestro Car Seats Recalled After They Fail "Consumer Reports" Crash Test" »

This week—September 19 to 25—is Child Passenger Safety Week. The National Highway Traffic Safety Administration uses this time to remind parents, guardians, and others of the importance of making sure that children are securely fastened when riding in motor vehicles.

According to the National Highway Traffic Safety Administration's 2008 Traffic Safety Facts:

• Motor vehicle crashes are the number one cause of fatalities for kids between the ages 3 and 14.
• About 4 kids in this age group are killed a day in US traffic crashes, while another 529 are injured.

There is no doubt that safety restraints can save lives. In 2008, seat belts saved some 12,250 people over the age of 4. 17,402 others could have been saved if everyone in the 5 and over age group had worn seat belts.

As for children in the 4 and under age group, The NHTSA says that child safety restraints reduce fatalities for infants (under age 1) by 71% and by 54% for toddlers (ages 1 to 4). Some 244 kids in the 4 and under age group were saved because of safety restraint use. If all kids under age 5 had used seat belts, some 323 children wouldn't have died that year.

Of course, using the appropriate safety restraint for your child—whether a regular seat belt, child safety seat, or a seat belt accompanied by a booster seat—is not enough. The restraint device must be appropriate for the child's age, weight, and height, free from defects, and installed and used correctly. While parents, guardians, and other caregivers must make sure that children are properly secured, it is also up to the safety restraint manufacturer to make sure that their child safety seat or seat belt has no defects, doesn't malfunction, and comes with the proper instructions for installation and/or use.

If your son or daughter was injured because of a child seat defect, a seat belt malfunction, or because of the safety restraint system came with poor instructions, our child injury lawyers want to hear from you. You may be able to pursue a child products liability lawsuit against the negligent manufacturer, as well as personal injury or wrongful death complaints against other responsible parties.

National Seat Check Saturday
September 25, 2010 is National Seat Check Saturday. Find a child safety seat inspection site near you and let a certified technician inspect your child's safety seat to make sure it is correctly installed. The check is free! The technician can also show you how to use the child safety restraint properly.

Child Passenger Safety Week, NHTSA

Occupant Protection, 2008 Traffic Safety Facts (PDF)

Car Safety Seats: Information for Families for 2010, Healthy Children/American Academy of Pediatrics

Seatcheck.org

The Insurance Institute for Highway Safety has published its newest booster seat ratings to help consumers choose the child safety seat that most safely fits their vehicle. Out of 60 booster seats, the IIHS is offering 9 BEST BETS and 6 GOOD BETS based on their ability to fit with vehicle seat belts so that a child is kept secure and protected during a car crash. The IIHS is not recommending 11 of the child safety seats it examined because it says that they don't allow vehicle seat belts to properly fit over child occupants.

Nearly all of the models sold in the United States were included in this latest round of booster seat evaluations. The IIHS intends to rate future models as they are released.

Our child products liability lawyers know how devastating it can be to have your child seriously injured in a car crash because the booster seat that you thought would keep your baby safe was defective, poorly made, or unsafe. It is important that you are given the information that will allow you to select a seat that will keep your child secure during a motor vehicle crash.

Booster Seats that Made the IIHS 2009 BEST BETS LIST:

• Clek Oobr
• Cosco Juvenile Pronto
• Britax Frontier
• Combi Dakota‚Ä®backless with clip
• Evenflo Big Kid Amp‚Ä®backless with clip
• Maxi-Cosi Rodi XR
• Recaro Young Sport
• Eddie Bauer Auto Booster
• Recaro Vivo

The IIHS GOOD BETS 2009 List:

• Combi Kobuk ‚Ä®backless with clip
• Britax Parkway SG
• Maxi-Cosi Rodi
• Graco TurboBooster‚Ä®SafeSeat Step 3, Wander
• Evenflo Symphony 65
• Graco TurboBooster‚Ä®SafeSeat Step 3, Sachi

The NOT RECOMMENDED 2009 Booster Seat List:

• Alpha Omega
• Safety 1st All-in-One
• Alpha Omega Elite
• Eddie Bauer Deluxe
• Combi Kobuk
• Eddie Bauer Deluxe 3-in-1
• Harmony Secure Comfort Deluxe
• Evenflo Sightseer
• Evenflo Express
• Safety 1st Alpha Omega Elite
• Alpha Omega Luxe Echelon

A booster seat is supposed to position your son or daughter in a manner that will allow the vehicle's seat belt to fit over the body better. The shoulder belt should snugly cross over the center of the child's shoulder and the lap belt should fit over the child's upper thighs rather than the soft abdomen area. Failure to ensure a proper fit can result in traumatic brain injuries, spinal cord injuries, organ injuries, and death during an auto accident.

It is the responsibility of booster seat manufacturers to make child safety seats that can keep kids safe, are defect free, come with clear instructions for proper use, and caution against any unforeseen hazards.

New booster ratings: 9 BEST BETS & 6 GOOD BETS; 11 out of 60 seats evaluated aren't recommended, IIHS, December 22, 2009

Related Web Resources:
Child Passenger Safety - Studies and Reports, NHTSA

Car Seats, Consumer Reports

Continue reading "IIHS's New Booster Seat Ratings Offers 9 Best Bets; Doesn't Recommend 11 Child Safety Seats Because of Poor Fit with Seat Belts" »

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" »

Our child seat defect lawyers have handled many cases involving injuries to children and babies who were seated in defective car seats that malfunctioned during motor vehicle crashes. Now, a new study is reporting that infant car seats are involved in thousands of injuries that occur when the safety device is used outside a motor vehicle.

It is indisputable that child car safety seats are necessary and have saved thousands of lives during motor vehicle crashes—that is, as long as the safety device isn't defective or didn't malfunction. However, many car seats are also used as handheld baby carriers or can be strapped into a stroller. While this way of traveling and carrying a child may seem convenient and efficient, it isn't always safe.

According to Shital Parikh, the study's author and a pediatric orthopedist at Cincinnati Children's Hospital Medical Center, over 43,000 infants in this country who ended up in emergency rooms between 2003 and 2007 got hurt when they fell from child car safety seats that were placed on counters, tables, and other elevated locations. Fall accidents also occurred when the car seats rolled over after they were placed on sofas, beds, and other soft surfaces (increasing the risk of suffocation) or when babies, left unrestrained in the seats, made movements that caused the safety device to fall or tilt over.

Head injuries, fractures, and dislocations were the most common injuries resulting from falls from child safety seats. Three babies died from their injuries.

Per the study, which was based on information from the US Consumer Product Safety Commission, 62% of infants injured were younger than 4 months. 8% were hospitalized. Approximately 50% of accidents took place at home.

Parikh is recommending that a child only be placed in an infant car seat when he or she is seated in the vehicle. Otherwise, the baby should be removed from the safety device. Some physical therapists have also raised concerns that babies may be suffering from "container syndrome" caused by too much time on their backs.

Parikh is calling on car seat makers to include warnings about the dangers that can arise when the products are used incorrectly. He also wants them to let parents and guardians know exactly how the child car safety seats should be used. He thinks that car seat manufacturers should design more child car seats.

While there are steps that you can take to make sure that you've purchased the right seat for your child and the vehicle and that the safety device is properly assembled and your son or daughter is properly secured, unfortunately there are many child car safety seats that are designed defectively and can cause more harm than good during a catastrophic car crash.

Contact our auto products liability lawyers today about your injuries to children case.

Car seats can be dangerous outside the car, USA Today, October 19, 2009

Babies Injured in Car Seats Used Outside of Cars, AJC, October 20, 2009

Related Web Resources:
Child Passenger Safety, National Highway Traffic Safety Administration

American Academy of Pediatrics

Crash Survivor Network

A jury has awarded a 12-year-old boy a $12 million tire tread separation verdict for injuries he sustained in a 2006 New Years Eve auto accident in Mexico. Jesus Guzman, who was 10 at the time, is now paralyzed. The tire was a Goodrich tire made by Michelin & Cie.

The deadly motor vehicle accident happened outside Matamoros when one of the tires of a 2002 Ford F-250 pickup truck failed, causing the motor vehicle to swerve head on into a Chevrolet suburban. Everyone riding the SUV died—four of the casualties were under age 14. Loved ones who were riding in the pickup truck along with Guzman were injured.

According to the defective tire lawsuit involving injuries to a child, leaking roofs and broken air conditioners at a Michelin plant caused the tire maker's machines to make defective tires that could likely fail. By issuing its $11.96 million verdict against Michelin for Guzman's spinal cord injury, the Texas jury rejected the tire manufacturer's claim that the Ford truck's bumper had scraped off the top of the tire.

Tire Tread Separation
The treads of a tire (especially steel-belted radial tires) can become separated. Because the steel does not properly adhere to the tire, driving at high speeds or hot weather can cause the separation to happen. Tire tread separation is linked to design and manufacturing defects.

Tire tread separation can lead to tire blowouts that can cause the driver to lose control of the vehicle and drive off the road, into oncoming traffic, or roll over. SUV's are especially prone to rollover crashes during a tire blowout.

The fallout from being involved in an auto accident caused by tire tread separation can be catastrophic.

Just last week, the six members of the Scotland Yard Gospel Choir were hurt during a van rollover crash that was caused by what investigators believe was tire failure. Head trauma and broken bones were some of the injuries that the victims sustained.

Auto crashes that are a result of tire defects, including tire failure, tire tread separation, tire blowouts, and tire/rim explosions are preventable. This is one reason that a tire maker should be held liable for auto products liability. Car crashes can be deadly, which is why it is a tire manufacturer's responsibility to make sure that their tires are free from defects that could cause a deadly motor vehicle accident.

Michelin Tire Tread Separation Lawsuit Results in $12M Verdict, AboutLawsuits, September 21, 2009

Michelin Loses $12 Million Verdict in Suit Over Crash, Bloomberg.com, September 10, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Chicago Sun-Times, September 25, 2009

Related Web Resources:
Tires, NHTSA

Consumer Reports

According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert & Ollanik, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child's TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

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

While child car safety seats are a must for newborns riding in cars, the seats can also cause a baby to experience breathing problems. Infants have to be placed in an upright position when in a child safety seat. However, according to a new study published in Pediatrics, this can cause the baby's chest wall to become compressed, decreasing airway size and lowering oxygen levels in the blood.

T. Bernard Kinane, Massachusetts General Hospital's chief of pulmonary pediatrics, says that 20% of newborns that are placed in car beds and car seats may experience mild respiratory compromise. This can increase the chances that an infant will experience breathing problems.

The study examined 200 healthy newborns. Each baby was placed in a car bed for 60 minutes, a hospital crib for 30 minutes, and a car seat for 60 minutes. The infants' oxygen levels were lower when they were in the car beds and car seats than when they were in the hospital cribs. In a car seat, the babies' average oxygen saturation level was 95.7%, 96.3% in a car bed, and 97.9% in a hospital crib.

This is important to note, as many parents will take the car seat out the vehicle and let their babies sleep in them. Researchers are now telling parents to only use car beds and car seats for travel and definitely not as a replacement for a child's bed.

While some physicians have said that the side effects are relatively mild and long-term consequences are unlikely, Kinane is recommending that child safety seat makers redesign infant car seats so that chest compression doesn't happen. He says that one way to do this is to install a new seat back and new buckles so that the baby's head can fall back.

Selena Silva, of the Child Passenger Safety Program at Children's Hospital, says that an infant car seat's reclining angle should be at around 45 degrees to keep the baby's airway open and prevent slumping. This angle has been crash-tested.

Child Safety Seats
The makers of child safety seats must make sure that their products are safe for use. This means that the seats will ensure the greatest amount of protection for babies and other young children during a car crash. A child car safety seat should also not be designed in a way that could cause a baby's health to suffer. Manufacturers also need to warn of any possible injuries or health issues that may result from use.

If you think your child was injured or became sick because of the way a child car safety seat was designed, a car seat defect, or because the child car safety seat malfunctioned, you may have grounds for filing a products liability lawsuit.

Infant car seats can trim babies' oxygen levels, CNN, August 24, 2009

nfant car seat no substitute for crib: study, CBC, August 24, 2009

Related Web Resources:
Pediatrics

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