Can I sue a car seat company that didn’t protect my child in an accident.
If you are questioning whether or not you can hold a car seat company liable for your child’s injuries they incurred in an accident, it sounds like you have a product liability claim on your hands. A product liability claim is often filed when someone is harmed by a defective or faulty product that didn’t perform in the manner expected upon it being purchased and used. Most defective products have a flaw that comes along with them that the manufacturer didn’t catch which then in return is responsible for injuring you or your loved one.
While a product liability lawsuit or claim can be filed against any company given that you and your Santa Clara, California accident lawyer can prove negligence caused this incident to occur, you may have the opportunity to recoup some of the money necessary to cover the costs incurred from medical expenses for the treatments you already had rendered along with those that you will need later on in the future. A strong product liability claim is one that can prove a company or manufacturer or even both didn’t recognize their product was hazardous, sold it, and continued to mass produce the same thing.
For the sake of this article, we are going to focus on car seats and when a parent or guardian is left under the impression that the child safety restraint seat they purchased didn’t perform to the standards the company claimed in their advertisements.
Lawsuit Filed Against Evenflo
To help you gain a better idea of an instance where a car seat company was held accountable for their “flawed” car seat, an account with such circumstances is explained below. A Florida family was driving with their daughter who was positioned in an Evenflo booster seat when a driver turned in front of the family causing an accident. The child suffered from a permanent spinal injury and the driver was merely cited for the crash.
The family and their accident and injury lawyer have claimed that Evenflo markets their booster seats for children who aren’t quite big enough to ride in them and that the seat they allowed their child to ride in should have had a five-point harness. The family is suing the driver for the catastrophic injury they caused to their little girl as well as Evenflo for marketing something that wasn’t capable of protecting their daughter at the age she was, but was made for her [Source: CBS47 FOX 30].
Should I file my case in small claims court?
Different types of cases call for different types of legal action. You should sit down and discuss with your accident attorney in Santa Clara, CA how much they feel your child’s injuries might be worth along with all the other applicable damages before deciding which form of legal action needs to be taken. While the family described above wanted their case heard as a jury trial, others are able to be settled in small claims court.
Depending on your injury or that of your little one will help you decide whether or not you want to bring your lawsuit in to a small claims court or if you feel you won’t be able to recoup the compensation your child’s injuries and/or damages are worth. Your accident lawyer in Santa Clara, CA can help you decide this and even assist you with each step associated with this process.
If you would like to be placed in contact with a local product liability lawyer in Santa Clara, California now, USAttorneys.com is more than happy to help you.
If you wish to learn more about California’s small claims court process, you can visit the government website by clicking here.