The law in Texas mandates that all children aged eight or under - unless the child is taller than 4’9” – is required to sit in a car seat.
As a Dallas-Fort Worth child injury lawyer, I know that car seats are vital, especially if you're ever in an accident. Unfortunately, car seats aren't one hundred percent reliable. Sometimes, a child might still suffer injuries in an accident as a result of a defective or substandard car seat.
If your child was hurt due to a faulty car seat, you might consider discussing your options with a lawyer. Not sure if hiring a lawyer is right for you? I give my honest opinion on that here.
Why a Defective Car Seat is Dangerous
Car accidents can be very dangerous for the adults that are involved in them. This is why children who are are in vehicles must be safeguarded from possible injuries that car accidents might present. Car seats are specifically designed to keep children in the safest position possible. For this reasons, defective car seats pose a danger for children for two big reasons. First, in the event of a car accident, a defective car seat would not be able to protect them as well as a fully functional car seat. This could mean that a child could suffer unnecessary injuries from a car wreck. The second reason why car accidents are so dangerous is due to the fact that because they appear to be in a fully functional condition, the defects might not be as visible as other objects. Without a parent knowing that a car seat is defective, their ability to know that a danger is imminent might be hindered.
The Law in Texas
In Texas, it is possible to make a product liability claim whenever a product is defective through poor design, substandard manufacturing or failure to properly test the product. It is also possible to claim product liability in instances of improper labeling (for example, where there is insufficient instructions or warnings related to the correct use of the child’s car seat).
If your child was hurt because their car seat didn't work when it should have, it's important to document everything that happened very carefully. Take pictures of the damage to your car (from an accident), the car seat and your child. Keep track of all medical records and appointments. Obtain a copy of your police report.
If your child was seriously injured and you believe you have a case, you'll need to do more than point fingers at the car seat company. You'll have to prove that their car seat caused your child's injuries, and you can do that with evidence.
Should You Hire a Lawyer?
As I talk about in my article on the subject, not everyone needs a lawyer. If your child wasn't that hurt and didn't need to go to the doctor, for instance, you will probably not need a lawyer.
On the other hand, if your child was severely injured and you've racked up thousands of dollars in medical bills, you have more at stake and it could be worth setting up a consultation with an attorney.
Contact the Anderson Law Firm today for a free, no obligation consultation regarding you and your injured child’s legal rights. Our board certified personal injury attorneys offer free consultations to parents of injured children. Call us today: toll free at 800-354-6275 or locally at 817-294-1900.
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