Car seat recalls

Infant and child car seats are among the top products recalled. That’s a scary thought for the millions of American parents who rely on them everyday to keep their children safe in the event of a car accident. Since 1985, car seat use has been mandatory across the United States. Two governing bodies actually regulate the safety of these products: the National Highway Traffic Safety Administration (NHTSA) and the Consumer Product Safety Commission (CPSC). The CPSC is primarily responsible for overseeing the safety of car seats while not traveling in the car, such as when they are used as a baby carrier or attached to a baby stroller. The NHTSA primarily tests and regulates car seats while they are used as safety restraints in a moving vehicle.

Both agencies have a system of registering complaints about any of the products it covers including baby car seats and other children’s products. However these reports are not comprehensive, and they rely on manufacturer’s reports about complaints made directly to the company to get the complete picture.

In March 2005, the CPSC levied a $4 million fine against Graco Children’s Products for failing to submit full accident and complaint reports on 16 of its products. One of these products, the Century “Assura” car seat, had a defective handle that broke or failed to lock into position when it was used as a baby carrier. Over 200 injuries were reported, including serious injuries like concussions, broken bones, and fractured skulls. In its Settlement Agreement and Order with Graco, the CPSC stated that this failure to report “unduly delayed the implementation of a safety recall.”

Thankfully, this is an extreme example, but it does underline the problem. Often companies selling car seats and other children’s products don’t realize that there is a defect until after it has sold millions of units. Even then, it takes time to collect the data, file a report, and issue a recall.

Regardless of what actions the company takes to fix the problem, it is still fully responsible for the safety of that product, and can be fully liable for any injuries that result from normal use. Clear cases of negligence such as in the Graco case increase that liability.

If your child has been injured due to a defective or cracked seat, or if it failed during a car accident, contact the Personal Injury lawyers at Jim S. Adler & Associates. Your rights and the rights of your child need to be protected, especially if you decide to seek legal compensation. We are parents ourselves, and we understand the pain you must be going through – let us help you recover your medical expenses, and ensure that this accident never has to happen again.

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