There is nothing more important than your child’s safety. Unfortunately, defective child seats can turn what should be a safety measure into a serious hazard. If your child has been injured due to a defective car seat, you may have the right to pursue compensation under Mississippi product liability laws.
Since 1932, our firm has secured millions in damages for our clients in Southaven and Hernando, MS. Let Chatham Gilder Howell Pittman help you navigate the legal process and hold negligent manufacturers accountable. Call us today for a free consultation.
Understanding Mississippi Product Liability Claims
When defective products injure consumers, a product liability lawsuit may help recover compensation for injuries and related expenses. In Mississippi, manufacturers, distributors, and retailers can be held responsible for injuries caused by their products.
Defective child seats claims often fall into three categories:
- Design defects: When a car seat is designed in an inherently dangerous way (even when manufactured correctly), it’s considered a defective design.
- Manufacturing defects: Manufacturing defects occur during the production process. A car seat may be safely designed, but a manufacturing error deviates from the intended design.
- Failure to warn: When manufacturers fail to provide adequate warnings or instructions for proper car seat use, this may be grounds for a “failure to warn” claim.
Successful product liability claims must prove:
- The child seat was defective,
- The defect caused your child’s injury, and
- You used the car seat as intended or in a reasonably foreseeable manner.
An experienced product liability attorney can review your claim and explain which category your defective product fits into.
Manufacturer Responsibilities
Car seat manufacturers have a legal duty to ensure their products are safe to use. Their responsibilities include making sure that their products are safe for their intended and any reasonably foreseeable purpose. They must provide clear guidance on weight and height limits, installation, and maintenance. Finally, if they identify any issues with their product, they must issue recalls. Failure to meet these obligations can make a manufacturer liable for any resulting injuries.
Common Defects in Child Seats
Defective child seats can pose several dangers to your child. Common defects include:
- Faulty buckles
- Weak harness straps
- Defective shells
- Improper padding
- Reclining mechanism failures
If you suspect your child’s seat has one of these issues, discontinue use immediately and document the problem. Manufacturers issue recalls when they identify defects. The National Highway Traffic Safety Administration (NHTSA) monitors and keeps a database of car seat recalls.
Examples of car seat recalls include:
- Weak and detachable harness straps: Certain car seat models were recalled due to faulty components that caused the straps to detach and break.
- Incorrect height or weight labels: 73,000 car seats were recalled due to labels listing incorrect height limits.
- Base malfunctions: Some infant car seats were recalled for a self-retracting latch.
Parents and caregivers should regularly check the NHTSA’s website for recall updates. If your child’s seat is recalled, follow the manufacturer’s instructions to repair or replace it at no cost.
Mississippi’s Statute of Limitations
There are strict time limits to file defective car seat claims in Mississippi. Under Mississippi Code § 15-1-49, you generally have three years from the date of injury to file a lawsuit. Missing this deadline could bar you from recovering compensation.
Exceptions may apply in certain cases. For example, if the defect is not immediately obvious, the statute of limitations begins when the defect is discovered. Another exception is claims involving minors (Miss. Code § 15-1-59), which may extend the filing period.
An experienced personal injury attorney at Chatham Gilder Howell Pittman can help you meet critical deadlines to keep your claim on track.
Gathering Evidence for Your Claim
If your child is injured by a defective car seat, call a personal injury attorney as soon as possible. Then take these steps to document your claim:
- Keep the car seat: Do not repair, dispose of, or alter the seat. You need the car seat to show evidence of the defect.
- Take photos: Document the defect, your child’s injuries, and the accident scene, if possible. Photos of the injuries over time can help show how severe the injuries are and how they are impacting your child’s life.
- Medical records: Request and save your child’s medical records.
- Receipts and registration: Keep proof of purchase and registration documents for the car seat. If you don’t have this information, a product liability lawyer can advise you what to do next.
- Recall information: Finally, check if the seat has been recalled. If you have any communication with the manufacturer, keep copies of those communications.
These records will strengthen your claim and help your attorney build a compelling case.
How Chatham Gilder Howell Pittman Can Help You
At Chatham Gilder Howell Pittman, we fight for justice for families affected by defective child seats. From the moment we take your case, we’ll thoroughly investigate the defective seat. We’ll consult experts if necessary and review the car seat’s manufacturing records.
After we build your case, we’ll negotiate for a fair settlement out of court. If we can’t reach an agreement, we’ll take your case to trial. Our attorneys strongly advocate for each client, keeping you informed throughout your case.
We work on a contingency basis—you won’t pay anything unless we win. Call us for a free, no-obligation case review.
Compensation for Child Seat Injuries
When a defective car seat causes injury, the financial and emotional toll can be severe. Our attorneys will pursue the maximum compensation possible. Compensation can help cover:
- Medical expenses, including emergency care, surgeries, and rehabilitation
- Pain and suffering endured by your child and your family
- Lost wages if you missed work to care for your child
- Future expenses for ongoing medical care or therapy
Consult a Southaven or Hernando Personal Injury Attorney
The skilled attorneys at Chatham Gilder Howell Pittman are committed to listening to your concerns and fighting for the compensation you deserve. We have a proven track record of success in product liability cases.
If your child has been injured by a defective car seat, don’t wait to seek legal help. Contact Chatham Gilder Howell Pittman today for a free consultation. Let us protect your child’s rights and hold negligent manufacturers accountable.
Chatham Gilder Howell Pittman helps those who have suffered a personal injury throughout Northern Mississippi, including the cities of Southaven and Hernando, as well as the counties of DeSoto, Marshall, Tate, and Tunica.
