It is harsh reality--and completely unacceptable--that many of the child restraints used to protect our children from harm are in fact defective. Although they are required to undergo limited dynamic testing to meet Federal Motor Vehicle Safety Standard 213, many of these seats do not meet acceptable safety standards. Defects such as inadequate lateral support, weak shell material, confusing instructions, and lack of torso restraint are responsible for killing hundreds, even thousands, of children each year. We must not allow manufacturers and companies to continue to make such life-threatening and dangerous design errors.

The attorneys of Waltman & Grisham are uniquely qualified to handle your case. Equipped with the legal expertise, extensive experience, and determination needed to achieve success, we are prepared to win for you and your family the just compensation to which you and they are rightfully entitled.

The following list encompasses some of the most common--and treacherous--types of child restraint defects:

Inadequate Lateral Support
In order to protect a child during a collision, adequate lateral support is an absolute necessity. Seats must have properly fitting and adjusting lateral belts and latches. Without proper support, a child can be ejected from the seat or sustain serious or life-threatening injuries.

To prevent such occurrences, the National Highway Transportation Safety Administration (NHTSA) ruled in March 1999 that all new forward-facing child restraints must meet stricter head protection requirements by attaching mandatory top tether straps. These straps provide added support and reduce the risk of head injury. All new cars, minivans, and light trucks manufactured in and after September must be equipped with tether anchors to accommodate these straps, and all similar vehicles manufactured in or after September 2002 must also be equipped with two uniform lower tether straps. If your child has been harmed by a child seat with inadequate lateral support or that did not meet these regulations, we can help. Please contact our firm today.

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Weak or Inappropriate Shell Material
All too often, manufacturers consider market appeal over safety concerns when designing child restraints. As a result, the restraints may look great but be a serious danger to the children who ride in them. Such defective seats have inadequate shell material that cracks during dynamic impact testing, failing to provide maximum protection. These shells are often too weak to withstand collapsing. Defective seats also sometimes do not have thick foam linings or are flammable, therefore failing to meet the Federal Motor Vehicle Safety Standard No. 302 regarding “Flammability of Interior Materials.” If your child has been harmed by a child seat with weak or inappropriate shell material, we can help. Please contact us today.

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Inadequate Warning Labels
It is imperative that child seats have clear warning labels to warn parents and other users about the dangers and risks associated with the child restraint. Although as of 1996, these labels were designed to be more colorful and eye-catching, thousands—even millions—of seats manufactured before this date are still in use today.

To prevent further tragedies, a satisfactory, standardized system for warning labels needs to be developed. If your child has been harmed by a child seat with an inadequate warning label, we can help. Please contact our firm today.

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Confusing Instructions
Without well-written instructions to follow, American consumers run the risk of improperly installing child restraints and the child in the restraint, potentially causing serious harm to their children. Currently, child restraint installation and harnessing instructions are written at a tenth-grade level, but the majority of consumers read at far below that level. Even newspapers are written at a sixth-grade level so that they reach a wider audience. In order to ensure optimal safety, this practice needs to be changed.

If your child has been harmed as a result of confusing or poorly written child restraint installation or harnessing instructions, we can help. Please contact us today.

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Defective Harness System
Harnesses are crucial components of child restraints. They can add protection by restraining the child in the seat, minimizing his chances of ejection. They also provide added protection during vehicular collisions. But too often, these harnesses can make children even more susceptible to harm.

There are several types of defective harnesses. First, there are the harnesses that are awkward to adjust. Second, there are those that do not fit snugly at or below a child’s shoulders even when adjusted properly. Third are those that can easily be unhooked by children, leaving these children unrestrained and with virtually no protection. Finally, there are the harnesses that may not meet Lower Anchors and Tethers for Children (LATCH) safety standards.

If harnesses are faulty, children in those seats run the risk of serious brain and spinal cord injuries. If your child has been harmed by a defective harness system, we can help. Please contact us today.

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Lack of Torso Restraint
Child restraints should be designed to provide enough torso restraint in order to protect a child during an accident. But sometimes manufacturers fail to install strong enough support, leaving children at grave risk for serious injuries.

Lack of torso restraint is responsible for cervical spine damage during frontal collisions and thoracic spine injuries during side frontal collisions. These life-threatening injuries can be prevented by well-designed child restraints that exceed the minimum existing safety and test standards.

If your child has been harmed by a child restraint that did not provide adequate torso restraint, we can help. Please contact us today.

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Ill-Fitting Restraint
It is an adult's responsibility to use child restraints correctly sized for their children. For example, a newborn should never be placed in a booster seat intended for a child over 50 pounds. But, unfortunately, many child restraints are ill-fitting and inherently dangerous. Children are ejected from such seats during rollovers because harnesses do not fit properly over the strong parts of the body.

If your child has been harmed by an ill-fitting child restraint, we can help. Please contact us today.

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Incorrect Weight Classifications
While most manufacturers list intended weight classifications somewhere on child restraints or their packaging, these manufacturers all too often fail to consider physical characteristics and age. For example, a 2-year-old might be exceptionally large or heavy for his age, so his parents might, understandably, select a child seat designed for a heavier child. While the child meets the weight restrictions, he is not tall enough to fit properly and safely into the seat. This ill fit can pose serious threats to the child during accidents. In other cases, weight classes are listed on the restraints, but the restraints are not nearly strong or durable enough to withstand an accident. The manufacturer is responsible for any injuries that occur in instances of incorrect weight classifications.

If your child has been harmed by an incorrect weight classification on a child restraint, we can help. Please contact us today.

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Cumbersome or Awkward Adjustment
Child restraints need to be parent-friendly. It should not be extremely difficult for parents to properly harness their children into child restraints. Straps should be easy to adjust to fit into latches neatly and not twist easily. Once in proper position, they should not slide or come loose. Clips and buckles should be child-resistant. Cumbersome or awkward adjustment may be the sign of a manufacturing defect and can be quite dangerous in the case of a collision.

If your child has been harmed by cumbersome or awkward adjustments on a child restraint, we can help. Please contact us today.

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Insecure Attachment of Shell and Base
No matter how well-designed a child restraint shell is, it offers a child no protection if it does not fit securely into its base. Shells should snap into place or have straps of appropriate length to hold them in. After proper adjustment, they should not rock or slide out of place. Shells that do may be of defective design and be dangerous to users.

If your child has been harmed by insecure attachments of shell and base, we can help. Please contact us today.

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Common Injuries
Children are at high risk for serious injury or even death when they ride in defective child restraints. Inadequate lateral support, weak shell material, defective/awkward/ill-fitting harnesses, confusing instructions, inadequate warning labels, and insecure attachment of base to shell can lead to closed head injures, traumatic brain injuries (TBIs), coma, spinal cord injuries, and other life-threatening injuries.

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Closed Head Injury
Closed head injuries include concussions and traumatic brain injuries for which there is no puncture or visible wound. Many closed head injury victims or their families may be able to receive compensation under the law to cover the costs of care and rehabilitation (many victims cannot live independently).

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Brain Injury
A brain injury is one of the most serious injuries that can result from an accident. Though they can be mild, such as some concussions or contusions, many are more serious, such as comas and some forms of hematoma. Treatment can be expensive and the recovery process lengthy, so it is important for any brain injury victim to secure competent representation.

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Traumatic Brain Injury (TBI)
Traumatic brain injury (TBI) is most often caused by a severe impact to the head, and it can result in lasting physical and mental problems. Emotional trauma often affects both victims and their loved ones. Automobile accidents are the most common cause of TBI. While people with minor head injuries often make full recoveries, people with severe traumatic brain injuries often face permanent disability or death. Many TBI patients require long-term rehabilitation beyond their initial medical care. Our firm is committed to helping victims of traumatic brain injury receive compensation so that they can focus on healing. We will fight for you with tenacity and with compassion. Please contact our firm today.

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Coma
Perhaps no single injury can cause as much suffering to a person’s loved ones as a coma. Caring for the victim is tough enough without having to worry about paying the bills and resolving the issue of fault. Retaining a competent attorney is an important step in seeing that the victim is properly attended to and that the victim or his or her family recovers the necessary damages.

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Brain and Spinal Cord Injuries
Injuries to the brain and spinal cord are some of the most devastating types of injuries because of their ability to cause long-term or permanent disability. Brain damage may affect any or all body functions, from speech to cognitive function to consciousness. Spinal cord injuries can cause paralysis and other problems with movement. Brain and spinal cord injuries can occur in many ways, including car accidents, falls, birth trauma, and violence. Victims of brain and spinal cord injuries usually require long-term medical care and incur extremely high medical bills. If you or a loved one has been the victim of a brain or spinal cord injury, you may be eligible for compensation.

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