On September 12, 2013, Dorel Juvenile USA announced a recall of more than 89,000 child safety restraint systems. According to the recall information on Dorel Juvenile USA’s website, the recall stems from incorrect installation instructions depicted on various product labels. The recall extends to various models of Safety 1st Alpha Omega Elite, Eddie Bauer Deluxe 3-in-1, Safety First Complete Air LX, and Safety 1st Complete Air SE. The production dates for the affected systems include July 20, 2010, through May 18, 2011. Additional information can be found at http://www.djgusa.com/usa/eng/Safety-Notices/Detail/556-Dorel-Juvenile-Announces-a-Safety-Recall-of-Certain-Safety-1st-and-Eddie-Bauer-Child-Restraint-Systems.
If you have an infant or young child, it is vital to ensure that you have a properly-installed and fastened child safety restraint system in your vehicle. Motor vehicle accidents are the number one cause of death of children under sixteen years of age in the United States. However, even if you do have a properly installed and fastened child safety restraint system, unfortunately this does not guarantee your child will be safe in the event of a motor vehicle accident. In fact, over the past ten years or so, over 15 million child safety restraint systems have been recalled due to various safety issues. Every year, hundreds of children die due to defective child safety restraint systems.
Several types of defects can exist. These include: the use of flammable materials, which can easily catch fire during an accident; inadequate strength of frames, leading to collapse; latches that improperly release, resulting in children being thrown from the seat upon impact; straps that rip, tear, or become dislodged, again resulting in children being thrown or partially thrown from the seat upon impact; and latches that will not properly release, resulting in children being trapped in the seat or the car after an accident. Clearly, any of these malfunctions and resulting effects can lead to catastrophic injuries or even death.
Nothing can compare to the loss of a child. If you have been involved in an accident in which your child was in a child safety restraint system but was nevertheless injured in the recent days, weeks, or months, you have likely been focusing solely on your child’s return to health. However, during this difficult time, it is important to begin thinking about retaining an attorney to ensure that your rights and your child’s rights are fully protected. While it is not something you want to be concerned with, the longer you wait to hire an attorney, the more difficult it may be for you to ultimate recover the damages to which you or your child is entitled. Barrett Law PLLC is here to help you understand your legal rights during this crisis in your life.
If you and your child have been involved in such an accident but have not yet retained an attorney, there are a few things to keep in mind. First and foremost, do not dispose of the child safety restrain system. This will be the key piece of evidence in proving that your child’s injuries were the result of a defective child safety restrain system. It is extraordinarily difficult to prove that a product is defective if that product has been disposed of. While identical makes and models can be analyzed and tested, it will be virtually impossible to determine exactly how your child’s safety restrain system was defective if it cannot be examined. It is also important to keep copies of all medical records, bills, and the like, related to your child’s injuries and treatment. While these documents can always be subpoenaed during the course of a lawsuit, it is helpful to have them in advance. Your lawyer will be better able to analyze your rights and advise you as to the best course of action if he or she has access to this information initially.
If your child has been injured in a motor vehicle accident and you have concerns that the child safety restrain system was defective, please contact the highly skilled personal injury attorneys at Barrett Law, PLLC today at (601) 790-1505 to discuss your case.
