All child car seats must meet the Federal Motor Vehicle Safety Standards for product safety. Child restraint systems that fail to meet the federal standards put children at risk of injury or death. In a cause of action for injury due to a defective or malfunctioning child safety seat the product is not always available after an incident causing an injury. However, depending on the circumstances surrounding the cause of action, even if the car seat is unavailable, the claim may nevertheless be proven. Accordingly, sufficient evidence will support a finding against the car seat manufacturer where the only fair inference from the evidence is that the injury occurred in the manner alleged by the plaintiff. Therefore, a malfunction or defect in a child safety restraint system may be proven by direct or circumstantial evidence. However, design defects, in products liability actions, must be proven by expert testimony. For example, evidence of an eyewitness who witnessed a child hit his head on a car roof, and testimony by a physician who testified that the child suffered a blow to the same area of his head, was sufficient evidence to present to a jury regarding whether the child was ejected from the child restraint seat.

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.