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My Child Was Injured by a Defective Car Seat

By Butler Prather LLP on August 22, 2022

Car seats save lives. Every state across the country, including Georgia, has regulations regarding car seat use for children. All children are required to be in a car seat until they reach a certain age or meet the height and weight requirements. However, what happens if a child is injured as a result of a defective car seat? In these situations, parents may be able to hold companies or manufacturers responsible and recover compensation for their losses.

Car Seats are Crucial Safety Devices

According to information available from the Centers for Disease Control and Prevention (CDC), 38% of children 12 and under who lost their lives in car crashes during a recent reporting year were not buckled up at all. Car seats save lives, which is why Georgia has mandated their use. In this state, every child ranging from newborns to those eight years of age is required to either use an infant seat, a car seat, or a booster seat.

Georgia is a primary seat belt law state, and this allows police officers to issue citations if they observe a seat belt violation. This includes a car seat violation. Violation of a car seat law could lead to a $50 fine and one point against a person’s license for each improperly restrained child. Secondary violations could result in double the fines and points.

Defective Car Seat Liability

When parents use car seats, they expect them to work properly. First and foremost, parents are primarily responsible for car seat safety. This includes ensuring that the seat is installed correctly and that the child is fastened into the seat properly. In order to ensure a car seat is properly installed, parents in Georgia can follow this link and find the closest fitting station. At these fitting stations, a trained individual will ensure that the seat is properly installed.

However, there are times when a car seat comes from the manufacturer or retailer already faulty. In these cases, parents may be able to file a lawsuit against the manufacturer, distributor, supplier, or even the retailer in certain circumstances. A lawsuit may be necessary if these other parties:

  • Manufactured a flawed device
  • Failed to adequately inspect and test the car seats before putting them on the market
  • Failed to discover a flaw in the car seat
  • Failed to warn buyers about the hazard of buying the car seat
  • Failed to remove the car seat from shelves after discovering a hazard

If you think that your child sustained an injury due to a defective car seat, you need to reach out to an attorney as soon as possible. These types of product liability claims can become incredibly complicated, particularly when going up against major companies, their insurance carriers, and their legal teams.

When you have an Atlanta car accident attorney by your side, you will have an advocate that can use their resources to conduct a complete investigation into the incident. This will include examining other similar incidents around the country and piecing together a picture of what happened. The ultimate goal is to ensure you recover compensation and justice for having been sold or provided a faulty car seat.

Posted in: Car Accidents

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