If your child has been injured because of a defective car seat, The The Louthian Firm Accident & Injury Lawyers wants to help your family. Car seat injuries are devastating to children. A defective car seat lawyer can help your child receive compensation and the legal assistance they need when they are hurt.
Lawyer Bert Louthian of The The Louthian Firm Accident & Injury Lawyers has been serving the needs of families since 1985. We exclusively handle injury cases.
A defective car seat can cause serious injuries. Your child may be impacted for years to come. They may need significant medical care and rehabilitation.
Bert Louthian understands how legal representation can help your child get the care they need. A legal claim can compensate you for expenses and it can recognize the harm that your child has suffered.
Attorney for Defective Car Seats in Columbia, SC
The The Louthian Firm Accident & Injury Lawyers is your lawyer for defective car seats in Columbia, SC. For your free consultation, call (803) 592-6231 or message us now.
Lawsuits for Defective Car Seat Compensation
Car seats are required in South Carolina. Parents and caregivers have every right to expect car seats to be safe and functional. However, a defective car seat can cause injury.
How can a car seat be defective?
Here are some ways that a car seat may be defective:
- Materials that are not strong enough to withhold pressure and sudden force
- Buckles and clips that do not securely latch
- Components that do not fit together
- Design that is inadequate for the size and weight of the child
- Not enough padding to soften impact
- Buckles that a child can unhook themselves
- Detachable handles that break, causing the child to fall from the carrier
- A seat that doesn’t fit with a vehicle
- Inadequate instructions for safe use of the car seat
A defective car seat can cause harm during regular use. In addition, it may cause injuries in an accident to be more severe than they otherwise might have been.
Claims Against Defective Car Seat Manufacturers
If your child is injured because of a defective car seat, they may receive financial compensation. The basis of the claim is product liability – that the car seat manufacturer made and sold a defective product. There are several ways that a car seat may be defective – poor design, a manufacturing defect or inadequate instructions for using the car seat safely.
Poor design
A car seat must be designed in a safe way. Manufacturers must evaluate the various factors that go into a safe design like shape, strength of materials and function. Even if the design is intentional, if it is poor and creates an unreasonable risk of harm, it may be the basis of liability when a child suffers harm.
Manufacturing defect
A manufacturing defect is an unintentional abnormality during the creation of a product. A car seat may not have turned out as intended, but it may still have been sold. There may be a manufacturing mistake that impacts a single car seat or many car seats. Whether or not the car seat has been recalled, a manufacturing defect may create legal liability when an injury occurs.
Inadequate instructions/failure to warn
A car seat needs to come with instructions and warnings so that adults can make sure they use the seat safely. A car seat should clearly state the age and size of the child that can use the seat appropriately. Installation instructions and mistakes to avoid should be explained to the adult with instructions that accompany the car seat.
What is the law for a defective car seat in South Carolina?
Defective car seats fall under defective products in S.C. Code § 15-73-10, the South Carolina product liability law. The manufacturer may have liability if the following are true:
- A car seat is sold in an unreasonably dangerous condition.
- The seller is engaged in the business of selling car seats.
- Physical harm occurs to the user of the car seat.
- The consumer uses the product without it being substantially changed from the condition in which it was sold.
It doesn’t matter that the seller exercised care in the design and manufacturing of their product. Liability may be based only on the defective nature of the car seat.
What if I bought the car seat secondhand?
A car seat manufacturer is not relieved from liability for a defective product because the person using the car seat acquired it secondhand or did not directly pay the manufacturer. A lack of contractual or commercial relationship between the buyer and seller doesn’t make a difference in legal liability for a defective car seat.
Damages for a Child Injured by a Defective Car Seat
Damages for a child injured by a defective car seat are especially important. A child is likely to have injuries with long-term impacts. The extent of the harm may not be fully known immediately. The timeline for healing may be measured in months or years.
A child may claim current and future damages in compensation. Damages may include future medical bills and personal care. A child should receive fair compensation for pain and suffering, disfigurement and mobility limitations.
Lawyer Bert Louthian knows how important it is that a child receives fair compensation when they are injured by a defective car seat. We understand the types of damages to claim. The The Louthian Firm Accident & Injury Lawyers diligently builds the technical evidence to identify and value these losses and pursues your child’s claim in full.
Consultations Available – Talk to an Experienced Lawyer
The The Louthian Firm Accident & Injury Lawyers is a family-owned and family-oriented law firm serving the Columbia, SC region. Lawyer Bert Louthian will guide you through the process and advocate for your child.
Bert Louthian holds the AV Preeminent® rating from Martindale-Hubbell® and is a member of the Top 100 – The National Trial Lawyers. He learns about your child’s situation, creates a legal strategy and diligently pursues their legal interests.
Talk to a defective car seat lawyer in Columbia now. Contact The The Louthian Firm Accident & Injury Lawyers to discuss your case and begin today.
