- Children’s seat restraints are intended to save lives.
- All children’s seat restraints that are made available to the public must comply with 49 Code of Federal Regulation § 571.213: Child Restraint Systems.
- Even if a seat restraint complies with 49 CFR § 571.213, a manufacturer may still be liable for injuries that are caused in part by a defectively designed seat restraint.
What is the Purpose of a Child Restraint?
As more and more vehicles are hitting the road and causing more car accidents, safety concerns have been on the rise. One of the biggest safety concerns on both parents’ and legislators’ minds is child safety. One way to prevent children from being injured during a car accident is to ensure that each child is properly restrained when in a vehicle. However, as we all know, it can be quite difficult to restrain a child for very long. Therefore, when developing child restraints, manufacturers attempt to create a product that can restrain a child in a comfortable manner. That being said, manufacturers still need to design their child restraints with safety in mind.
49 Code of Federal Regulation § 571.213: Child Restraint Systems
Whenever a manufacturer makes a child restraint available to the public for purchase, such child restraint must comply with 49 CFR § 571.213: Child Restraint Systems which is set by the Federal Government. To ensure that they comply, manufacturers must perform rigid performance evaluations on their products prior to releasing the product to the market. Some of the required tests include, but are not limited to: child restraint system integrity tests, back support angle tests, head support tests, torso impact protection tests, and installation tests.[i] A product that does not comply with the requirements should not be on the market. When a child restraint causes injuries and is not in compliance with 49 CFR § 571.213, the manufacturer may be liable.
Manufacturer May Still Be Liable When Child Restraint is in Compliance with 49 CFR § 571.213
Where there is a flaw in the design or manufacture of any product that causes foreseeable injuries, a manufacturer may be liable. A flaw or defect in design may be found if a foreseeable risk of harm posed by the product may have been reduced or avoided by the adoption of a reasonable safer alternative design.[ii] The theory behind this concept is to make sure manufacturers are taking all reasonable precautions when placing products on the market for general consumers. Therefore, if a manufacturer designs a product that can cause a foreseeable injury and, at the time it was designed, there was a safer alternative way to design the product that was technologically and economically feasible, the manufacturer should choose the latter. An example would be placing an exhaust pipe on a motorcycle in a location where it will be unlikely to burn a riders’ leg. However, the question of whether a design was defective will be decided a jury. The main factors a jury will consider are:
- How useful the product is;
- The likelihood the product will cause injuries;
- The severity of the injuries that it could cause;
- The availability of a safer alterative;
- Whether the manufacturer could use an alternative without losing its usefulness; and
- End user’s ability to avoid the risk.
Therefore, when a child restraint causes foreseeable injuries as a result of a defective design or manufacture, the manufacturer may be liable. This is true even if the product is in compliance with local standards.
Written by*:
Jorge Mares
WATTS GUERRA, LLP
4 Dominion Drive, Bldg. 3, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Email: jmares@guerrallp.com
*This information is provided to supply relevant information concerning manufacturer liability of defective child restraints, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. Available remedies vary from case to case and depend on the underlying facts of each. If you have another lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
[i] For more information on the complete safety requirements under 49 CFR § 571.213, please visit: http://www.gpo.gov/fdsys/pkg/CFR-2011-title49-vol6/pdf/CFR-2011-title49-vol6-sec571-213.pdf
[ii] For more information on recalls on defective products involving vehicles, please visit: http://www.safercar.gov
