In a cause of action for a defective car seat, the defendant in a products liability case may introduce evidence that the hazard that caused the child's injury was obvious, and that the child's parent actually failed to exercise the degree of reasonable care required by the circumstances. However, such evidence may only be allowed to disprove a manufacturing defect because the Florida Statute prohibits the introduction of evidence of nonuse of child restraints to be used in a lawsuit on the issues of comparative negligence or allegations of negligence. A car seat manufacturer is not barred, however, from asserting that the parent's misuse of the car seat resulted in the child's injury, and not a car seat defect, as long as the evidence of the parent's misuse of the child restraint is not being offered to prove negligence.
Many car seat manufacturers use this defense of placing the blame on parents for improper installment of the car seat, but the federal government has recalled numerous car seats for serious defects. If your child has been injured by a defective car seat, you need an experienced and skilled Florida Child Injury Lawyer to ensure that the manufacturer is held responsible for your child's injuries.
The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective child restraint systems. We will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Call 1-800-74-TRIAL
