We place our children in a car seat or booster seat to protect them while driving. But what happens when these protective seats are defective or dangerous? Do they cause more harm than good? Here is what parents need to know about ongoing booster and car seat recalls.
If your child has been injured due to a defective or malfunctioning booster seat or car seat, contact Brown & Brothers to speak with our defective infant product attorney.
Ongoing Booster and Car Seat Recalls
In November 2018, the National Highway Traffic and Safety Administration (NHTSA) updated an ongoing list of booster seat and car seat recalls. The updated list includes new information about the thousands of products affected by recalls. Based on the NHTSA report, here is what we know about the recalls.
Formerly known as Sunshine Kids Juvenile, Diono has issued a recall of more than 519,000 convertible car seats and booster seats. When used with a lap belt, the recalled seats reportedly increase the risk of chest injuries if an accident occurs. The recalled products include models:
- Radian R100
- Radian R120
- Radian RXT
- Pacifica convertible and booster seats
- Rainier convertible and booster seats
Diono is offering consumers a free “remedy kit” through their website.
Britax Child Safety, Inc. Recall
Manufacturer Britax Child Safety, Inc. has recalled more than 207,000 child seats that were found to have a defective chest clip. According to the NHTSA, the chest clips were outfitted with a center tab that could break off and present a choking hazard. Affected child seats include:
- B-Safe 35
- B-Safe 35 Travel Systems
- B-Safe 35 Elite
- B-Safe 35 Elite Travel Systems
- BOB B-Safe Rear-facing infant seats
Britax is offering consumers a replacement chest clip at no cost. Consumers can request a replacement by visiting the Britax website.
Harmony Juvenile Products Recall
Harmony Juvenile Products has recalled more than 148,000 booster seats due to the seat belt potentially causing excessive force to be applied to the chest if an accident occurs. The affected model is the Big Boost Deluxe booster seat. As of November 2018, there was no remedy for the recall. Consumers who own this product should stop using it and contact the manufacturer for more information.
Graco Children’s Products, Inc. Recall
Graco Children’s Products, Inc. has recalled more than 25,000 convertible car seats due to webbing on the seat that may not “adequately restrain the child” in the event of an accident. The models included in the recall are all My Ride 65 units with model numbers:
Graco is continuing to notify consumers. Retailers selling the products are offering consumers a free replacement harness. Consumers with questions about the recall are urged to contact Graco customer service.
Defective or Malfunctioning Car Seats are a Real Danger
Over the past several years, more than six million car seats or booster seats have been recalled. Of those, it is estimated that only around half were adequately repaired. Defective or malfunctioning seats can increase the risk of your child being injured if an auto accident occurs.
As noted in the Britax recall, sometimes a defect in the seat itself presents dangers that can harm your child. Seats with defective clips, tabs, straps, or fabric can be hazardous. Sadly, recalls for such defects are often not initiated until injuries have been reported.
One of the most common causes of defects and malfunctions are errors in design or manufacturing. Manufacturers have a responsibility to ensure that their products are within safety standards. When products that do not meet standards are distributed, or remain on store shelves after a defect is discovered, you as a consumer face the risks and repercussions. These risks increase if consumers complain to the manufacturer, but recalls are not issued warning consumers to the potential dangers.
Learn More about Your Legal Rights
Car seats are one of the most common causes of infant injuries related to a defective product. Defective or malfunctioning car seats increase the risk of harm if an auto accident occurs. Defective car seats and booster seats can also pose dangers on their own. In either case, if your child has been injured due to a defective or malfunctioning child safety seat, you may be entitled to compensation under product liability laws.
In Texas, product liability laws cover three types of defects:
- Design Defects – You must prove that:
- A less dangerous design could have been used
- That said design would be reasonable financially and technologically
- The alternative design would have retained the use and utility while also reducing injury risk
- Manufacturing Defects – You must demonstrate clear evidence that there is a defect in the product.
- Failure to Warn – Manufacturers must warn consumers of any dangers related to the product. This includes warnings related to proper use, as well as warnings related to defects or hazards.
Any of these defects may be grounds for a lawsuit against a manufacturer if your child suffers an injury while using their product.
To learn more about your legal rights, contact Brown & Brothers. Our team represents clients in legal cases related to defective products, medical malpractice, birth injuries, and nursing home abuse. Schedule a free case review by filling out our online form.