Defective Child Car Seat Injury

If you child has been injured when using a child car seat through no fault of yours then you may want to consider making a claim for compensation.

It is a legal requirement for children under the age of 12 or 135cm tall to be safely and properly secured in a vehicle by a car seat, booster seat or seatbelt.  However even though parents take the necessary steps to ensure their child is properly secured accidents can and do happen.

When the car seat is defective the manufacturer may be liable for injuries.  However you must ensure you fit the car seat in accordance to manufacturer’s instructions.

Car seat safety

Manufacturers must meet minimum European safety standards to ensure the car seat is safe as they are liable for the products they manufacture.  They must:

  • Provide full and clear instructions regarding the correct use of the car seat
  • Warn of any potential hazards or risks
  • Monitor the safety of the products they manufacture
  • Issue a product recall if a safety problem is found and take the necessary action to rectify the problem.

Sometimes despite the manufacturer following all of the safety procedures accidents can still happen.

If the accident is caused by a manufacturer defect then the manufacturer will be strictly liable for your child’s injury irrespective whether they were at fault or not or were aware of the product defect or if they followed safety rules. This means that if your child has suffered a defective child car seat injury, you may be able to bring a claim for compensation.

Children with disabilities or medical exemptions

The rules regarding child car seat safety are the same when a child has a disability.  They can use a seat belt or a special child seat which is designed for their needs.  If the child is unable to use a seatbelt or car seat due to a medical condition then the doctor will be required to issue an exemption certificate.

Follow manufacturers instructions when fitting a child car seat

It is important to follow manufacturer’s instructions when fitting a child car seat.  Poorly fitted seats can cause a defective child car seat injury.

If the car seat is not fitted properly then this can result in a defective child car seat injury.

If an injury happens due to a poorly fitted child car seat then the driver may be held responsible and it may be decided that they are partly to blame.

It is important to follow manufacturers guidelines regarding age, height and weight when choosing a child car seat to ensure safety.   You could be found to be a contributory factor in an accident if you don’t follow the guidelines even when you are not to blame.

Can a child travel without using a child car seat?

Children can travel without using a child car seat in certain circumstances, for example:

  • Taxi and mini cabs: however they must travel on the rear seat and if they are 3 or over wear a seat belt.
  • Minibuses, coaches and vans: are not required to provide child car seats however if you want your child to use one then you must provide it yourself.
  • Unexpected journeys: if a journey is not planned and the child is over 3 years of age then they can travel providing they use an adult seat belt.  If the child is under 3 they cannot be taken on an unexpected journey except if  travelling in a licenced mini cab or taxi.

Claiming for defective child car seat injury

When making a claim for defective child car seat injury it is important to get as much evidence and information together to back up your claim.

  • Have you still got the receipt
  • When did you purchase the car seat and from where
  • When did the accident take place and how
  • Photographs of the car seat and any visible injuries

 

Keeping a full record of the events leading up to and around the accident will help your case.   Also, keep a note of any medical treatment and GP advice following the accident as this may be used when calculating a settlement figure.

No Win No Fee Child Car Seat Accident claims

Defective Child Car Seat InjuryDue to our no win no fee promise, you can explore options in presenting a strong case without having to worry about paying a penny upfront. This is done in exchange of us taking the risk of running your claim for a small percentage of successful child injury compensation recovered for you.

1solicitors have a team of specialist personal injury solicitors who will handle your defective child car seat injury claim in a professional and friendly manner.  Additionally, we can look to arrange for any private medical appointments that your child requires to aid and speed up the recovery process.

If you would like further information, why not give our child car seat injury solicitors a call on 0330 053 7117 or ask for a call back.

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