West Virginia parents and parents throughout the country are told to use car seats and booster seats in order to protect their children from serious injuries in the event that a car accident occurs. However, even when properly restrained, injuries can still occur if dangerous or defective products are designed, manufactured and sold to consumers. A man from another state has filed a lawsuit against the makers of a car seat, saying that the seat failed to adequately protect his young daughter from harm in an accident.
In April 2013, a vehicle struck the side of the 2012 Dodge Journey in which the man and his daughter were traveling. The daughter weighed within the weight restrictions of the booster seat and was properly restrained when the accident happened. Unfortunately, the child was severely injured and is now a quadriplegic dependent on a ventilator.
The lawsuit alleges that Evenflo was well aware that it was allowing an unsafe car seat to be sold to the public. It says that the company knew the car seat was not an effective means of restraint for small children in car accidents, with lateral collisions in particular. In the lawsuit, the man is seeking punitive damages and a monetary award for his minor daughter’s pain, impairment, mental anguish and medical expenses.
West Virginia parents should first ensure that their child’s car seat is appropriate for their age, height and weight, and then make certain that it is installed correctly in the vehicle. When proper use of child restraint systems, such as car seats, is apparent and an injury still occurs, it may be due to a design flaw or a faulty product. Manufacturers should be held responsible for making dangerous or defective products available to consumers, and parents can take action with a civil lawsuit.
Source: setexasrecord.com, “Makers of Big Kid Sport booster seat hit with product liability suit after wreck“, David Yattes, April 8, 2015