North Carolina Product Liability Blog : North Carolina Product Liability Lawyer & Attorney : D. Hardison Wood : Toy Safety, Child Restraint, Car Seats

If you are a parent, it is likely that ensuring your child’s safety is among your top priorities. The most precious cargo traveling in your vehicle is your child, and it is vital that we, as parents, take the precautions necessary in order to keep that cargo as safe as possible.

Statistics show that in the 1990s, eighty percent of children riding in car seats and booster seats were improperly restrained. In 2005, a new study was conducted that found that 72.6 percent of the children observed were restrained improperly. The most common misuses found were loose harness straps holding the child in place, and loose seat belts holding the CRS (Child Restraining System) itself in place. Twelve percent of the children studied were not restrained at all.

Your child’s booster seat could be a key factor in saving his or her life in the event of a car crash. However, booster seats can only be useful if they are installed correctly and used properly on a day to day basis. The first step in ensuring safety for your child on the road is correct installation of the booster seat.

Useful tips for a successful booster seat installation can be found here and here.

Once your booster seat is installed, it is a good idea to make sure the installation was a safe and successful one. Go to www.seatcheck.org or call 1-866-SEAT-CHECK to find an inspection center near you. Trained and certified child safety seat technicians are there to ensure your child will be safe in his or her new booster seat.

If your child has been injured due to booster seat malfunction or incorrect installation, please call us at 1-877-829-7211 to discuss your potential claim.
 

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Car accidents are the greatest risk to a child’s life. Each year, 250,000 children are injured in car accidents in the US alone. Car accidents are reportedly the number one cause of death in children ranging from 2 to 14 years of age. 

Booster seats have proven to significantly reduce the number of car accident injuries and fatalities among children, and according to National Highway Traffic Safety Association’s Fatality Analysis Reporting System, the numbers have been steadily declining since 1997. Correct installation and proper use of booster seats can help to reduce the numbers further, and keep our children safe.

In North Carolina, the law states that children must use booster seats until they are 8 years old and weigh at least 80 pounds. The penalty for not having your child properly restrained is $25. This, of course, is no comparison to the price that would be paid if a child were found unrestrained at the time of an accident.

The North Carolina Child Passenger Safety Law can be viewed here.

 

A short summary of the law can be viewed here.

 

For Frequently Asked Questions about the NC Child Passenger Safety Law, go here.

 

If your child has been injured in a car accident or as a result of a faulty booster seat, please call the law offices of D. Hardison Wood at 1-877-829-7211.

 

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Approximately 3728 Even Flo First Choice Infant Restraint systems, model 3604098, are being recalled. They were manufactured between January and September 2009. They fail to meet the federal requirements for labels on child restraint systems. As with all child restraints systems, there are required labels that must remain on the restraint seat always. Those labels must include information to register the seat, NHTSA information, and certification the seat complies with federal safety standards.

If your child has been injured due to a failed child restraint system, please contact our office to discuss your matter.

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An interesting study was recently conducted regarding air bags and seat belt usage. Spine fractures occur very often after a motor vehicle crash and can lead to paralysis or death.

According to a new study, the combination of air bags and seat belts seem to lower the tendency of suffering a spine fracture during a motor vehicle crash.

The use of both seat belt and air bag was associated with decreased odds of a spine fracture. Use of an air bag alone was associated with increased odds of a severe thoracic, but not cervical spine fracture. Read the study here

 

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The Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute have put out a new study with regard to booster seats - they found 13 booster seats do not position the belt properly on children. This study did not look at the crashworthiness of the seats but rather the belt positioning. As we know booster seats help prop children up higher, with a goal of making sure the car's seat belt is in the correct position.

The seat belt is meant to be routed across a child's lower hips and mid-shoulders instead of the abdomen because the liver and spleen are more vulnerable to injuries. Story

This of course does not mean and should not be taken to mean that parents should opt not to use a booster seat at all- it just means that parents need to ensure that the one they are using at least has the seat belt positioned in the proper location.

 

We, at the firm,  are advocates for 5 point harness booster seats - while these booster seats referenced in the story utilize the car's seat belt, they merely deal with the the height issue and prop the child up higher to position the belt properly. They do not account for the weight of the child. Car seat belts are made for a minimum weight - usually much heavier than the average 4-6 year old. 

Also, make sure to check your state laws regarding the age AND weight requirements for children and child restraints in your state.

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We have often discussed the need to utilize five point harnesses booster seats. Far too many children have been killed in car crashes when their child seat has failed them. The Kyle David Miller foundation, was set up in memory of such a young boy. His courageous family has gone on to start a website called www.hipmonkey. com where you can find 5 point harness car seat for your child, while supporting their foundation.

No matter where you purchase your next car seat, please do your research. And if you have a child getting ready to go into a booster, before automatically putting them in one of those booster seats that uses the car's seatbelt and no tether, please check out the five point harness boosters. We have heard over and over again, how easy it is once your child in in a booster seat that uses the car's seat belt - because then he/she has the ability to buckle and unbuckle themselves...Except there is of course the other end of the story that we hear, when after a car crash, a child who was utilizing the car's seat belt in conjuction with one of those booster seats, was ejected form the vehicle. Why? Because the car's seat belt could not restrain the child during the crash. Car seat belts are not made for small children. 

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Chicco, USA has recalled the bases to approximately 18,000 of their infant rear-facing car seats.
Here are the  details found on the Office of Defects Investigations website:

  

Component: CHILD SEAT:BASE (INFANT)

Potential Number Of Units Affected : 18000

Summary: CHICCO USA, INC. IS RECALLING APPROXIMATELY 18,000 BASES USED IN KEYFIT AND KEYFIT 30 REAR-FACING CHILD RESTRAINT SYSTEMS AND IN CORTINA TRAVEL SYSTEMS, AND STAND-ALONE BASES FOR THESE SYSTEMS PURCHASED SEPARATELY, THAT WERE MANUFACTURED BETWEEN FEBRUARY 26 AND MARCH 17, 2008. SOME OF THESE BASES HAVE A DEFECT THAT CAN PREVENT THE BASE FROM BEING TIGHTLY SECURED TO A VEHICLE WHEN THE LOWER LATCH ATTACHMENTS ARE USED AS A METHOD OF INSTALLATION. SPECIFICALLY, WHEN A DEFECTIVE BASE IS INSTALLED WITH THE LOWER LATCH ATTACHMENT STRAPS, THE WEBBING USED TO TIGHTEN THE BASE TO THE VEHICLE SEAT CAN SLIP THROUGH THE ADJUSTMENT LOCK.

Consequence: IF THE WEBBING WERE TO SLIP DURING A VEHICLE CRASH, THE BASE COULD MOVE, POSSIBLY INCREASING THE RISK OF INJURY.

If you have a car seat that may be affected by this recall:  

CUSTOMERS MAY CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO HTTP://WWW.SAFERCAR.GOV.

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Seat belts can save your life if they work. 90,000 2008 Toyota Highlanders and Toyota Highlander hybrids are being recalled due to the fact that the seat belts' locking mechanisms failing.

The locking mechanism on the seat belts apparently cannot secure properly when certain rear-facing child safety seats are used, which could cause the child seats to move, the National Highway Traffic Safety Administration reported on Friday. Read More

If you have been affected by a seat belt failure or any other mechanism defect, please report it the NHTSA. If our law firm can be of  any assistance please do not hesitate to  contact us.

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Our children and their  safety is something about which we care deeply. That is why our law firm involves itself in various types of litigation involving child safety. Awhile back we were touched by a video we saw on youtube about a young boy, Kyle David Miller (see here). He unfortunately was killed in a car crash. He was not in a five point harness, but rather a booster seat which utilized the car's seat belt. When we personally saw the video, our family was driven to find a booster seat for our children that had a five point harness. We realized that the booster seat we were using, which used our car's seat belt, was not securing our children the way they needed. We have since learned that there has been a foundation set up in  memory of Kyle which collects money in order to buy 5 point harness seats for children up to 80 lbs. who otherwise would not have access to them. Check  out the video and website to learn more  about the foundation. 

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Evenflo has announced a recall of  over 1 million car seats. Please ensure your child's car seat is not affected.

Make / Models :		Model/Build Years:
EVENFLO / 390 (DISCOVERY)		2005-2008
EVENFLO / 391 (DISCOVERY)		2005-2008
EVENFLO / 534 (DISCOVERY)		2005-2008
EVENFLO / 552 (DISCOVERY)		2005-2008
Recall Number:	08C002000
Summary:
EVENFLO IS RECALLING 1,000,000 MODELS 390, 391, 534, AND 552 DISCOVERY CAR SEATS OR ASSOCIATED TRAVEL SYSTEMS MANUFACTURED FROM APRIL 2005 THROUGH JANUARY 2008. IN RECENT LABORATORY TESTS CONDUCTED BY EVENFLO AND NHTSA TO EVALUATE THE PERFORMANCE OF THESE SEATS IN HIGH IMPACT SIDE COLLISIONS, IT WAS REVEALED THAT THE CAR SEAT COULD POTENTIALLY BECOME SEPARATED FROM ITS BASE UNDER THESE CONDITIONS.
Consequence:
SERIOUS INJURY OR DEATH COULD RESULT IF THE CAR SEAT BECAME SEPARATED FROM ITS BASE.
Remedy:
EVENFLO WILL NOTIFY REGISTERED OWNERS AND PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER TO ENSURE THAT THE CAR SEAT REMAINS ATTACHED TO ITS BASE IN A HIGH IMPACT SIDE COLLISION SIMILAR TO THOSE IN THE RECENT TESTS. THE RECALL IS EXPECTED TO BEGIN DURING FEBRUARY 2008. TO OBTAIN THE FREE FASTENER, OWNERS SHOULD CALL EVENFLO AT 1-800-356-2229 BETWEEN 8 AM AND 5 PM EST OR ORDER ONLINE AT THEIR WEBSITE AT WWW.EVENFLO.COM/DISCOVERY.
Notes:
EVENFLO HAS NOT MADE A DECISION THAT THESE UNITS CONTAIN A SAFETY RELATED DEFECT, HOWEVER EVENFLO WILL PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER. CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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I came across a new site  that discusses common mistakes made with car seats...With such an important child safety issue, we felt it important to post some of the information here.

Most parents understand the importance of putting their children in car seats, especially their younger kids, but reports still show that 80% of kids aren't secured correctly in a car seat.

Among the easiest mistakes to avoid is to just make sure that your child is in the correct car seat for his age and that he is facing the right direction.

• Infants should be in a rear facing infant only seat or convertible seat until they are 1 year old AND twenty pounds. Children who reach twenty pounds before their first birthday still need to face backwards and can be moved into a rear facing convertible seat. Smaller infants who don't reach 20 pounds until after their first birthday should also continue to face backwards. This is more a minimum though. Many people advocate continuing to sit toddlers rear facing in a convertible seat until they outgrow it for added safety.
• After they are twenty pounds and have passed their first birthday, toddlers can use a forward facing car seat (either a convertible, combination or forward facing seat) until they are about 40 pounds.
• Children over forty pounds should be placed into a belt positioning booster seat (either a combination seat or booster seat) and they will usually stay in it until they are at least 8 years old.
• You should not use your car's regular seat belts until they fit correctly when your child is about 80 pounds and is 4ft 9 inches tall. Remember that your child will not be ready to use regular seat belts until the shoulder strap fits across his shoulder and not his neck, and the lap belt fits across his hips and not his stomach.
• All children under 12 years of age should be placed in the back seat of the car, especially if you have passenger side air bags.

Read the entire article here. While car seat litigation is on the rise for those car seats that do fail to keep children safe during accidents, it is important as parents that we take the time to learn which car seat is the right fit for our child as well as the proper way to secure  them.

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Recently, I overheard a conversation which reminded me about the importance of this question of car seat versus a booster seat.  As I waited for my daughter during one of her after school activities I heard  a group of mothers and fathers discussing the fact that they were switching their children to the booster seats that use the car's seat belt rather than a five  point harness.  They were discussing that this was a change they needed to make because when they pick their children up from school through the car  pool lane, it is  too difficult to find a  place to park the car, get out and buckle their children into their five point harnessed car seats.  (The car pool lane is utilized by most preschools and schools where we live.  Basically, the  parents line up in their vehicles, and the children are called up as their  parent's vehicle approaches.  The child gets in and the parent drives off).  They were talking about how much easier it  is  now that their children can get in and  buckle themselves.  We had thought the same  thing, putting  our daughter in one of those boosters, until we  learned about the number of children who are either injured or die in crashes because they slipped out of their booster seat/seat belt because, those  lap/shoulder belts in the cars (the  ones used in conjunction with the booster seats) are made for people with  a minimum weight  of 80-100lbs. We switched back to a booster  seat with a five point harness. We just taught our daughter how to buckle herself into her harness.  So we  can go through the  car pool lane  with no  issue. It truly is a huge safety issue that parents should be aware of before switching car seats. The following video is  just  another reminder:

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Car seat installation can seem daunting.  If you are unsure about the installation of  your child's car seat,  please have it inspected...better safe than  sorry.  Click here for a link to find an inspection station near you.

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With 70,000 students riding school buses on 2,100 routes in Wake County, there are bound to be mishaps.

But the parents of one local kindergartener said even one accident was too many when their son’s first bus ride landed him in the emergency room.  Read More

First off, it is extremely unnerving that this child's stop was missed not once but twice in the same day, even after his parents brought it to the  attention of the school.  But moreover, it makes one wonder about the safety of the students on the bus.  As we here at the firm, are constantly evaluating car seats, safety belts, crashworthiness of automobiles, and more, a story like this makes us wonder about the safety of the children on those  buses.  It appears this little boy stood up when he noticed the driver missing his stop, and therefore fell, causing an injury to his head.  As we have learned through many cases, what may appear as a slight contusion to the head at first sometimes is just the  beginning.  Should there be seat belts or something on the buses to help keep children from standing and consequently falling while on the  bus?  Something to think about....

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Ever wondered if you have installed your child's car seat correctly?    This site provides many details and  graphics that may be useful when installing a car seat.  It also has many safety tips, general usage information, and things  to  remember. A couple of  important  notes, make sure that the seat belt is securely around your child, not twisted, or  loose, or too high and certainly not under  his or her arm. In addition, if your car seat is involved in a car accident, you should not reuse it.

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