One of the issues that is of paramount importance to the law firm of Dougherty, Modin & Holloway is providing information to our friends and clients regarding product information and safety precautions.  Many times, it is lawsuits brought by injured victims throughout our country that provide information and enlightenment regarding dangerous products and practices.  This is particularly relevant in the area of American automobile manufacturers and makers of child restraint systems.  Child seats are perhaps the most recalled product in history.  Unfortunately, despite the efforts of trial attorneys across the country, dangerous products continue to jeopardize the safety of our children.

An attorney in our office recently took a call from a lady who had been involved in a head-on collision.  Her young daughter was in a car seat behind her driver’s seat.  The young child received head injuries when she impacted the front seat headrest.  It was originally assumed that the child must not have been in a car seat.  According to the mother, she was in an appropriate car seat but it may not have been properly secured with the vehicle seatbelt system.

Those of us that have children know how difficult it can be to properly attach child seats and booster seats to vehicle seats.  At times it seems like an exercise of nailing jello to the wall.  This is due, in large part, to poorly designed car seats and poorly designed vehicle seatbelt systems.  Hopefully, that is going to continue to improve.  Fortunately, automobile manufacturers are continuing to upgrade their passenger restraint systems, including upgrades for child seats.  Nevertheless, parents must be vigilant in this area.

Two recent articles in Trial Magazine offered by Stuart Ollanik and Paul Komyatte illustrate some excellent recommendations for parents in protecting their children within motor vehicles (Making Cars Safe for Kids by Stuart Ollanik, Trial Magazine November 2008, and Making Sure Child-Restraint Seats Protect by Paul Komyatte, Trial Magazine November 2008).  Some of the information gleaned from these articles in the form of advice for parents is as follows:

1.  Forward facing children in car seats oftentimes suffer injuries which could have been prevented if the infant seat was rear facing.  Facing children to the rear for as long as possible is the safest approach.

2.  Rear facing infant car seats with bases buckled into the car seats with a detachable infant carrier are not reliable and often break off at the base during impacts.  While these seats are convenient, they are not as sturdy as non-detachable carriers.

3.  Many car manufacturers are now utilizing anchors and tethers within the seat system to allow attachment of child seats.  These anchors are superior attachments devices and should be utilized, if available.  Packages can also be purchased to retrofit your car seat with these anchors.

4.  State laws throughout our country are in place to set forth child seat requirements.  In our home state of Missouri, our law requires children less than four years of age regardless of weight to be secured in a child passenger restraint system appropriate for that child.  Children weighing at least 40 pounds, but less than 80 pounds and who are also less than 4′ 9” tall shall be secured in a passenger restraint system or booster seat appropriate for that child.  Parents violating this law subject themselves to a citation.  The provisions of that law do not apply to any public carrier for hire or school buses.

5.  Integrated child seats within vehicles in most cases provide the best solution to the problem of child seats properly fitting in cars and fitting the child appropriately.  Unfortunately, these systems are not widely available in all makes and models of vehicles.

6.  Regarding booster seats, properly fitting lap belts and shoulder harness restraints are critical.  Shoulder harnesses improperly fitting across a child’s neck can cause severe injury.  The solution is not to take the shoulder harness and put it behind a child.  Studies have shown that this causes the potential for serious injury to the child’s pelvis and abdomen when only restrained by lap belt in a wreck.

7.  Be very careful how cargo is transported behind children. An item of cargo can cause a rear seat to collapse onto children in front-end collisions. Cargo may also cause injury to passengers by going airborne in a wreck. All items must be secured in a vehicle.

The problem of making our children safer in our vehicles is a challenge.  It involves parents taking the time to educate themselves regarding the most appropriate products for their child and vehicle, and also investigating the proper method of attaching the seat or booster to the vehicle.  In addition, manufacturers of restraint products and vehicles must contemplate the design of these systems to better protect our children during crashes.

If you have any questions about child restraint systems, air bag systems, or any other automobile related issues, contact Phil Holloway for a free consultation.