It’s no secret that when it comes to protecting our children in vehicles, car seats are important. But just how important are they? The Center for Disease Control and Prevention (CDC) reported that car seat use reduces the risk for injury in a crash by 71–82% for children when compared with seat belt use alone. Similarly, when looking at 2019 data, the National Highway Traffic Safety Administration (NHTSA) reported that child safety seats reduced the likelihood of fatal injury by 71% for infants under 1 year old, and by 54% for toddlers 1 to 4 years old.

Statistics like these emphasize the importance of car seats but at the same time, often give us a false sense of security. We think that if we get into a car accident with a baby in car seat, our child is going to be safe (or at least safer). Unfortunately, not all car seats are created equal, and using a defective car seat can be just as dangerous, if not more dangerous, than not using a car seat in the first place. Child car accident injuries can be serious, and it is imperative that car seat companies design and manufacture car seats with children’s safety as a top priority. But when companies sell defective car seats and children get injured, SOS Injury Lawyers steps in to help.

 

Is It Illegal to for a Child to Ride in a Car Without a Car Seat?

Whether it is illegal for a child to ride in a car without a car seat varies from state to state. In Nevada for example, children are required to ride in a booster seat (or harnessed car seat) until they reach 6 years old or 57″ tall. Also under Nevada law, children must remain rear facing (either in an infant car seat or a convertible car seat) until at least 2 years old unless they exceed the height or weight limit established by the manufacturer.

 

When Can Child Sit in the Front Seat in Nevada? 

There is no Nevada front seat law limiting when a child can sit in the front seat. That said, the DMV recommends that Children under 12 should ride in the back seat.

 

Types of Car Seats

• Rear-Facing Infant Car Seat

Infant car seats are meant for the smallest children, from newborns up. The car seat base stays buckled into the vehicle while the seat snaps in and out to use as a carrier. Infant car seats are convenient because the seat itself can be removed from the car and the child can stay in the seat whether inside or outside of the car. That comes in particularly handy if your infant falls asleep during a car ride and you need to take them out of the car without waking them up.

Importantly, infant car seats should remain facing the rear of the vehicle at all times since, apart from being required under many state’s laws, will afford your infant the most protection. There should be at least one inch of space between the top rim of the seat and your baby’s head. Also, make sure to read the manufacturer’s instructions to learn what position the handle needs to be when it’s in your car, and the maximum height weight limits for the infant car seat.

• Rear and Forward-Facing Convertible Car Seats

Convertible car seats can switch from rear to forward-facing. This is important because many state’s laws only require infants to remain rear-facing until a certain age (in Nevada, 2 years old unless they exceed the manufacturer’s height/weight limits). When your child’s ears hit the top of the convertible seat, their shoulders are above the top slots of the seat, or they exceed the manufacturer’s height/weight limits, it’s time to switch to a combination or booster seat.

• 3 in 1 Car Seats

“3 in 1” car seats because they can switch between: 1. a rear-facing car seat; 2. a forward-facing car seat with a harness; and 3. a booster seat.

• Combination Car Seats

Once your child outgrows a rear-facing car seat, a combination car seat may be the next option. Combination seats are typically forward-facing car seats with a 5-point harness. They also have a booster mode that allows them to operate as a high back booster seat.

• Booster Seats

After your child outgrows a seat with an internal harness (such as the convertible car seat discussed above), it’s time to move to a belt-positioning booster seat. According to buckleupforlife.org, “[b]ooster seat use is extremely important because most children do not fit properly into an adult seat belt until they are about 4 feet, 9 inches tall. And, during a car crash, an improperly positioned seat belt places a child at increased risk for certain injuries, which can be severe.” Booster seats raise children up enough in a seat so that the shoulder belt is properly positioned across the center of the chest and away from the face, and the lap belt fits over the child’s thighs. Buckleupforlife.org also cautions people not to “use a booster seat before your child outgrows a forward-facing seat with a harness” because at 2 or 3 years old, children are “not big enough or developed enough to withstand a crash in a booster . . . .”

• Built-in Car Seats

Some cars and vans have car seats built into them. However, these built-in car seats are typically forward-facing, and cannot be used for children who need to be kept in a rear-facing car seat (e.g., infants under 2 who have not exceeded the rear-facing seat manufacturer’s height/weight limits). If you have a child under 2, a forward-facing built-in car seat should not be your car seat of choice. They can however be a convenient option for people with children over the age requirement or height/weight threshold provided by the manufacturer.

• Special Needs Car Seats

Children with special needs may have conditions that require special car seats. Although these car seats may be unique in their design or operation, they should nonetheless offer the same protections afforded by traditional car seats. If your child has special needs, it is imperative that they have a seat that suits their needs and provides them with adequate protection.

 

Frequently Asked Questions

• Can a Parent Sue on Behalf of Their Child?

Yes, a parent can file a lawsuit on behalf of child. The particular mechanisms for doing this differ from state to state but generally, as a child’s parent or legal guardian, you may bring a claim/sue on your child’s behalf. It is important to keep in mind that personal injury settlements for minors are often subject to court approval, and are usually kept in a trust until the minor turns 18.

• Does Nevada Have a Car Seat Accident Replacement Law?

No, Nevada does not have a law that requires you to replace your car seat after an accident. However, if the car seat has been involved in a moderate to severe accident, the car seat’s expiration date has passed (typically 6 years), the car seat has been recalled, or there are any indications that the car seat is not properly functioning, you should strongly consider replacing your car seat. Even if you drop a car seat, you may want to replace it if the car seat has notable damage. Failure to use a properly functioning car seat when driving with a toddler can result in fines and, more importantly, compromise your child’s safety.

Using a car seat after an accident can compromise the car seat in ways that are not always visible. If you’re having doubts about the condition of your car seat, search online for a local car seat inspection service and schedule an appointment.

• Does Insurance Cover Car Seat Replacement After an Accident? 

Typically yes, but it depends on the car insurance company, your state’s car seat replacement laws, and the specific terms of your insurance policy.

Some car insurance companies will replace a car seat after an accident asked, while others will only pay for a new car seat if the law requires it. For example, California’s car seat replacement law makes it mandatory for insurance companies to replace the car seats after a crash regardless of whether the car seat was occupied or not.

It is the policy of some companies to replace a car seat only when a child in it at the time of the accident, and others will require you to replace the car seat and send proof that the old one has been destroyed. 

• Do Car Seats Need to be Replaced After an Accident?

What happens when a car seat is in an accident depends on the severity of the collision, the effectiveness/reliability of the car seat, and your child’s body positioning in the seat. If you’re in a car accident with car seat in your vehicle (e.g., you’ve been rear ended with child in the car seat), you should carefully consider replacing the car seat.

The NHTSA recommends that car seats be replaced following a moderate or severe crash, but makes no similar recommendation for a minor crash. The NHTSA defines a “minor crash” as one in which ALL of the following apply:

• The vehicle was able to be driven away from the crash site;
• The vehicle door nearest the car seat was not damaged;
• None of the passengers in the vehicle sustained any injuries in the crash;
• If the vehicle has airbags, the airbags did not deploy during the crash; and
• There is no visible damage to the car seat.

However, just because a crash is “minor” does not mean your child’s injuries will also be minor—some of the worst car crash injuries (e.g. spinal injuries, traumatic injuries) happen when the crash seems minor.

Something to keep in mind: if you do replace the car seat, do not throw out or continue to use the car seat if you have any reason to believe it is defective—it can be valuable evidence in your car seat defect lawsuit.

• Does the Car Seat Base Need to be Replaced After an Accident?

Just like a car seat, if the car seat base has been involved in a moderate to severe accident, it is recommended that you replace the base. If the base is damaged after an accident, it may not properly secure the car seat, which can lead to the car seat becoming dislodged during a subsequent accident. As with the car seat, do not throw out or continue to use the car seat base if you have any reason to believe it is defective—it can be valuable evidence in your car seat defect lawsuit.

 

Common Car Seat Malfunctions and Defects 

As shown above, there are many different types of car seats and we expect that as technology and vehicle safety continues to develop, the list of car seats will only expand. But, with every car seat, there are potential defects that can render the car seat dangerous. Some common defects include.

1. Defective Buckles, Harness Straps, and Chest Clips: faulty or poorly designed buckles, harness straps, and chest clips that break or unlatch upon impact, or easily allow a child to unfasten it
2. Defective Handles: handles that unexpectedly release, causing the seat to move or fall over in a moving vehicle
3. Inadequate Safety Padding: weak or insufficient padding within the seat that fails to adequately protect the child’s body (and particularly their brain) upon impact
4. Defective Base Units: base units that break or unlatch, causing the car seat which is attached to the base unit to become separated, in turn sending the seat flying
5. Confusing or Inadequate Installation Instructions: proper installation of a car seat is imperative for the seat to be considered safe. Sometimes however, the installation instructions are so confusing or unclear that they can result in improper installation. This can give rise to a warning defect claim.

 

Car Seat Recall List

Every year, car seats are recalled due to defects that make the seats unreasonably dangerous. Some examples of recalled car seats include:

• Baby Jogger Car Seat Recalls: recalls of the City Go infant car seat, the City Mini infant car seat, and the Vue Lite infant car seat due to important information missing from the instructions.
• Baby Trend Car Seat Recalls: a 2017 recall was issued after it was discovered the child seats have a center adjuster rivet that could pull through or break if the harness was used with a child weighing more than 40 lbs.
• Britax Car Seat Recall: recalls related to defective harness chest clips, handles that may break, structural cracking, a loosening harness, and choking hazards.
• Combi Car Seat Recalls: recalls of the Coccoro and Zeus models for insufficient safety belts and harness webbing that fails to meet minimum breaking strength requirements.
• Diono (formerly Sunshine Kids Juvenile) Car Seat Recalls: recalls of the Radian R100, Radian R120, Radian RXT, Olympia, Pacifica, and Rainier convertible and booster car seats because these seats failed to adequately protect children from injury during impact.
• Dorel Juvenile Group (DJG) Car Seat Recalls: recalls for inadequate latch assemblies, poor instructions, defective harness buckles, improper base mounting, and difficulty attaching baby seats.
• Evenflo Car Seat Recall: recalls related to children being able to improperly access to release buttons, difficult-to-unlatch baby seats, defective buckles, structural defects, and accidental or unintentional detachment during a rollover event.
• Graco Children’s Products Car Seat Recalls: recall of the Graco My Ride 65 convertible child restraints due to potential failure to adequately restrain a child in the event of a crash.
• Kiddy USA Car Seat Recalls: recalls of the Kiddy World Plus combination seats because the buckle may not fully engage, giving parents and caregivers the impression that the child was properly buckled into the seat when she was not.
• Orbit Car Seat Recalls: recalls of the Orbit Baby G2 car seat base due to the StrongArm knob detaching or failing to tighten the base.
• Peg Perego Car Seat Recalls: recalls due to a flaw in the restraining belts meant to hold the child in place.
• Recaro Car Seat Recalls: recalls of the ProRide and Performance Ride convertible seats because when used in forward-facing mode with a child over 52 pounds, and the top tether attached to the vehicle, the top tether attachment area on the car seat shell could potentially crack or break loose during a crash, increasing risk of injury to the child.
• Thorley Industries Car Seat Recalls: Due to a tight rivet, the coupling hook may not properly engage around the coupling pin, and could prevent the car seat from securely attaching to the seat base, increasing the risk of infant injury.

The list of recalled car seats grows every year and new defects and reasons for recall are being discovered every day by unsuspecting consumers. If you believe a car seat may be defective and that defect caused injury to your child or loved one, contact one of our experienced defective car seat lawyers immediately.

 

If a Car Seat Fails to Properly Protect Against Injury, the Manufacturer and Retailer May be Liable for the Resulting Damages

Generally, any company involved in manufacturing and distributing a defective product is potentially liable for injuries caused by the defective product. That means if you purchased a car seat at Walmart and you were injured because of a defect in the car seat, you could potentially bring a lawsuit against Walmart and the car seat manufacturer.

While sellers and manufacturers are the most common defendants, that does not mean they are the only possible defendants. Each situation is unique and depending on the circumstances, there may be many more hidden defendants who are potentially liable for your injuries. Speak with an experienced attorney to confirm that you haven’t overlooked additional potential defendants who may be responsible for your child’s injuries.

 

Determining Liability When a Car Seat Is Defective

While every state’s laws are different, to prove a strict product defect claim under Nevada law, the plaintiff must establish that:

1. The defect existed at the time the product left the manufacturer;
2. The defect made the product unreasonably dangerous; and
3. The defect caused injuries or damages

Proving that a product is unreasonably dangerous often requires experts and product testing, both of which demand significant case funding and knowledge regarding which experts to rely on and which tests to perform. Whoever you retain as your attorney, make sure they have a strong knowledge of which experts to rely on, and how to guide the strategy of your case in a manner that conserves valuable resources. 

 

Get Help from Our Nevada, California, Arizona, and Utah Defective Car Seat Lawyers

Product defect claims are complicated by their very nature. If your child or loved one has been hurt by a car seat that was defective or malfunctioned in some way, it is vital that you reach out to a knowledgeable lawyer as soon as you can. Failure to file a lawsuit by certain deadlines (i.e. the “statute of limitations”) can result in you giving up your claim forever.

Whether you’re in Las Vegas, Los Angeles, Salt Lake City, Phoenix, or anywhere else in the country, we’re standing by and ready to assist you with your case. Our law firm has significant experience handling product liability cases and our lawyers are ready to talk with you about your unique situation. We’ll provide a free review of your case, and will inform you about your legal options and the best way to pursue a potential claim. If you believe a car seat may be defective, and that defect caused injury or death to your loved ones, call us now for a free case evaluation.