Automobile accidents are one of the leading causes of death for young children. Between 1990 and 1999, more than 16,500 children under age 10 died in vehicle crashes, and another 8 million sustained injuries. Most victims were not in child restraints or were not using seatbelts. It is true that, when properly installed, child restraints are more than 70 percent effective in preventing serious injury and death. But as many as 80 percent of these seats are not properly installed or, worse, are of defective design. Such defective designs cause thousands of deaths and serious head, brain, and spinal cord injuries each year. In an attempt to prevent those tragedies, the National Transportation Safety Board has developed a set of safety and design standards for child restraints. However, it is important to note that while child seats must meet government standards, individual models and brands are not subjected to dynamic testing and instead are simply rated on design.

There are several general standards that parents must obey. First, children must ride in child restraint seats until they are at least four years of age and in booster seats from ages four to eight. Next, children less than one year of age must ride in rear-facing child seats. Children over age one and who weigh 20 pounds or more may ride in forward-facing seats. Last, no rear-facing child restraints are to be used in a seat equipped with an airbag, which can cause devastating injuries.

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, also called the Lower Anchors and Tethers for Children (LATCH) system, provide added support and reduce the risk of head injury. In addition, 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. However, while these regulations prevent thousands of deaths and injuries a year, defective child restraints cause hundreds more.

Inadequate Testing Standards
All child restraints must be tested to meet Federal Motor Vehicle Standards 213, but unfortunately, results of those tests are often skewed—leading uninformed consumers to purchase inadequately tested and possibly unsafe child restraints.

First, the test standards apply only to children under 50 pounds. They do not, however, consider age groups, physical characteristics, and other factors. For example, a two-year-old child 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.

Second, the tests are not conducted in real world conditions. Only front collision tests are performed, even though side and rear impact crashes account for a majority of child injuries and deaths. Further, these tests are performed only at 30 mph, and the restraint is not properly secured into a standard automobile. Instead, it is attached to a 1960s vintage bench seat. Not only does this bench seat not simulate any modern car’s interior, but it also doesn’t address other issues. For example, in compact cars child restraints can hit the back of the front seat and cause more extensive injuries.

Third, the dummies used during the testing represent an extremely limited number of children. A 33-pound dummy is used to simulate a three-year-old child, and a 17-pound dummy is used to simulate a one-year-old child. No other weights, height, or physical characteristics are considered.

What Can You Do?
If your child has been harmed as a result of a child restraint that was defectively designed, inadequately tested, or that did not meet government regulations, your family might be entitled to compensation. Please contact Waltman & Grisham today to discuss your case.