Is Your Child Safe in a Booster Seat?
As a parent, you strive to ensure your children are safe at all times, especially while on the road. California supports this desire with laws requiring children under the age of 8 or under 4’9” to be secured in a car seat or booster seat while traveling by car. What if efforts to ensure the safety of your child, and to comply with the law, are undermined by the makers of these restraint devices? That’s what is being alleged in a proposed class action against Graco.
Graco Children’s Products, Inc. has been accused of marketing unsafe vehicle booster seats in a lawsuit filed in the U.S. District Court for the Eastern District of New York.
Citing media reports and independent testing, the Plaintiff in the case claims Graco falsely states their child booster seats have been tested for side-impacts and are safe for children under 40lbs.
Legal Issues and Vehicle Safety for Children
The Plaintiff alleges that Graco’s TurboBooster and Affix seats are marketed as safe for children 3 years old and 30lbs, while they are not safe for children under 4 years old and under 40lbs. In support of their position, the Plaintiff points to a 2002 report from the National Highway Traffic Safety Administration suggesting booster seats be used for children weighing at least 40lbs, and a 2010 follow-up showing that early transition to a booster seat is one of the main reasons children suffer injuries in car crashes. As well, the Plaintiff notes that the same model booster seats in Canada carry a warning that children under 40lbs are at risk of “serious injury or death” when using the seats.
Further, the Plaintiff takes issue with Graco’s product testing that is alleged to be based on self-determined procedures for which results are kept secret.
The lawsuit includes claims for consumer fraud, breach of warranty, common law fraud, and unjust enrichment. The Plaintiff is asking the court for restitution and an injunction to stop Graco from marketing the seats as safe for younger children.
Vehicle Accident Attorneys in the Coachella Valley
Our firm of car accident attorneys in Cathedral City and surrounding communities has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an accident and want to discuss your legal options, contact us today at (760) 536-8017 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.