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Common Defects
of
Child Restraints


Types of Restraints
Currently, there are five types of child restraints available: infant rear-facing seats, convertible seats, forward-only facing seats, booster seats, and built-in or integrated seats. Each is designed to accommodate children of a specific age and weight. For optimal safety, it is important that parents select the right sized seat for their child. If a child is too small, heavy, tall, or young for a particular type of seat, his chances of avoiding serious injuries or death are drastically reduced.

Infant Rear Only-Facing Seats
Infants and newborns do not have the ability to hold their heads up—their neck muscles simply are not developed enough for them to do so. Therefore, they are safest when they are transported in reclining, rear-facing car seats. These seats are recommended for children up to one year in age and up to 20 pounds. If a child of nine months weighs more than 20 pounds, however, he should still ride in a larger rear-facing seat. Otherwise, serious injuries may occur in the case of an accident. Rear-facing seats that don't provide adequate head protection and shell strength expose fragile infants to unnecessary risks.

Convertible Seats
Convertible seats are specially designed to convert from infant rear-facing seats into toddler forward-facing seats. These can accommodate children who fall between the age and weight limitations of infant rear-facing seats and forward-facing seats. Although more cumbersome, these seats may provide stronger shells and added head protection.

Forward-only Facing Seats
Forward-facing child restraints are designed for children over one year of age and between 20 and 40 pounds. Children must meet both of these requirements to use a forward-facing seat. To ensure a proper fit, harness straps should be at or above the shoulders. Newer models of these seats must be equipped with proper LATCH tethers. A tether must be in place at the top of the seat so that it can be properly restrained. These seats shouldn't be used for infants.

Booster Seats
Children who exceed the recommended weight limits for other seats or whose heads extend higher than the top of convertible forward-facing seats are too large to ride safely in those seats. Children between the ages of four and eight are most likely to use a booster child restraint.

Booster seats, which come in standard and backless varieties, elevate children to use adult seat belts. They do not have integrated harnesses, so it is important that the belt is adjusted properly. In a properly fitting booster seat, a child should be able to sit up straight, and the lap belt should sit securely across his thighs. Children who have outgrown booster seats are typically about 4 feet 9 inches tall and are about eight years old. There are multiple safety issues associated with the use of a booster seat. Manufacturers’ weight guidelines are inappropriate and some booster designs pose added risks to their occupants.

Built-in or Integrated Seats
Many newer-model cars come equipped with built-in (integrated) car seats. These seats’ safety requirements mimic those of forward-facing seats: children should be at least one year old and weigh at least 20 pounds. These restraints are not suitable for children who do not meet both of these requirements. These seats do not serve as a separate carrier for the child but may eliminate some installation errors associated with other types of child restraints.

Safety Testing and Rating
All child restraints undergo limited testing before being put on the market, but they are not rated for safety. Instead, they pass or fail the test. To allow consumers the chance to make more informed decisions about their child seats, the National Highway Transportation Safety Association (NHTSA) has developed an Ease of Use Ratings System.

The Ease of Use Ratings System does not compare how different child restraints perform in a crash. Instead, it assigns higher ratings to those restraints that are most likely to hold up in a crash--as long as they are being used properly. Seats that are easily installed are more likely to be used correctly; however, they may not offer the most protection.

The system rates seats based on the following criteria:

  • Assembly
  • Evaluation of Labels
  • Evaluation of Instructions
  • Securing the Child
  • Installing Features

Assembly
Assembly is rated based on whether the owner’s manual is easy to find and store and on how much work needs to be done (such as installing padding or attaching harness straps) before the seat is ready to use.

Evaluation of Labels
The evaluation of labels rating is determined by the accuracy and readability of labels and diagrams. Neither should be confusing or misleading. For example, to receive a high rating, a label must not be peeling and must show an appropriately-sized child riding in the seat.

Evaluation of Instructions
Instructions are evaluated based on how accurate and easy-to-read they are. They should be complete and thoroughly explain how to use all components of the seat, including the LATCH attachments. There should also be a clear warning about avoiding air bags.

Securing the Child
In this category, child restraint ratings are determined by how easy the seat is to install. The easier it is to use, the more likely the seat is to be properly used, thereby increasing potential performance. It should be noted that this bold statement is based largely on theory.

Installing Features
Installation ratings are based on how easy a seat is to install based on its features. For example, if the seat belt is simple to buckle and the LATCH attachments are easy to adjust, the seat will receive a higher rating.

To find out how your child restraint rates according to the Ease of Use Ratings system, click here.

Child Restraint Manufacturers’ Recalls
Hundreds of seats that have been sold since 1999 have been recalled by their manufacturers because of design flaws, including weak shells, flammable materials, base/shell separation, and defective harness system.

To find out which restraints have been recalled, please click here.

 
Waltman & Grisham also takes on big tobacco for America's children:
 

LA Times Article
October 2003

Philip Morris USA agrees to pay more than $2 million for a child's burn injuries in a lawsuit filed by Waltman & Grisham.

- Trial Journal Article
   November 2003

Trial Journal Article November 2003

Cigarette fire case appears in November issue of Trial, the Journal of the Association of Trial Lawyers of America.
 
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