Injuries Caused by Car Seats in Chicago, IL

Car seats can cause severe injuries among children, even when they work as intended. If there’s a defect with the seat, though, the risk of injury increases significantly. Regardless of who’s responsible for your child’s injury and how the crash occurred, you need help to pursue fair compensation.

The Chicago car seat injury attorneys at Salvi, Schostok & Pritchard P.C. can help you seek justice and handle all the legal work in your personal injury claim. Call now or complete our contact form for a free consultation.

Common Car Seat Defects and How They Can Cause Injury

In many cases, a car seat failure injury results from a manufacturer’s defect. Some of these defects are due to design or manufacturing errors, while in other cases, manufacturers failed to warn users of the potential dangers associated with using their car seats or booster seats. Common examples of car seat defects include:

Weak Buckles or Latches – A buckle that pops open too easily or fails to lock can release a child during a collision, exposing them to severe impact forces.
Faulty Harness Systems – A harness that loosens unexpectedly or fails to tighten properly cannot hold a child in place, significantly increasing the risk of head, neck, or chest injuries.
Defective Adjusters – Straps that slip or cannot stay adjusted may leave the child with little to no restraint, which makes them more vulnerable in sudden stops or crashes.
Flammable Materials – Some seats contain materials that can ignite in the event of a crash.
Base or Frame Failures – If the car seat’s base cracks or its frame bends under pressure, the seat may break apart during impact, which can directly injure a child.
Improper Warning Labels or Instructions – When manufacturers fail to provide clear instructions or warnings, such as the necessary transition from a rear-facing car seat to a forward-facing car seat once the child reaches a certain weight, caregivers may unknowingly install or use the seat in a way that increases the risk of injury.

Our Chicago car accident lawyers can carefully review your situation and explain if you could pursue compensation for your baby’s injury.

Legal Liability for a Defective Car Seat in Illinois

Two parties are likely liable if your child suffers injuries from a car seat. First, you may have a case against a negligent driver if their careless or reckless actions caused the crash. To prove liability, you must show how the driver caused the collision and your child’s resulting injuries. Police reports, witness statements, traffic camera footage, and other evidence can support your claim.

Second, you could pursue a claim against the car seat manufacturer if the seat contained a defect. Illinois law uses a strict liability standard for product liability cases, which means you do not have to prove the manufacturer acted negligently. Instead, you only need to demonstrate that the car seat had a defect, the defect existed when the seat left the manufacturer’s control, and the defect directly caused your child’s injuries.

A car seat recall lawyer in Chicago from Salvi, Schostok & Pritchard P.C. can handle your case and collect evidence that supports your claim. The sooner you act, the greater your likelihood of being able to hold the liable party accountable. Let us handle the legal work while you focus on your child’s recovery.

Recoverable Damages for a Child’s Injury

A personal injury or product liability claim for a car seat injury can include compensation for:

Your child’s current and future medical needs
Lost income from taking time off work to care for your child
Your child’s reduced future earning capacity due to a permanent injury or disability
Your and your child’s pain and suffering
Your and your child’s emotional distress
The cost to repair or replace your car, the car seat, and other damaged property

Our personal injury lawyers have extensive experience preparing legal claims following car crashes. We can help you pursue compensation that can help provide for your child’s future needs.

The Importance of a Car Seat Recall Attorney

Without legal guidance, you face challenges in proving that a car seat defect or another driver’s actions caused your child’s injury. Manufacturers and insurance companies have teams of lawyers and significant resources to dispute claims, which makes it difficult for you to gather evidence and build a strong case without the help of experienced product liability lawyers. You may also struggle with strict filing deadlines and complex court rules that can affect your ability to recover compensation and ensure the responsible party is held accountable for the harm they caused your child.

A child safety seat recall attorney can help you manage these obstacles. Experienced car accident attorneys who handle these cases know how to investigate defects, collect expert testimony, and trace a product’s design or manufacturing problems back to the source. They also understand how to negotiate with large corporations and insurance companies that may try to limit your recovery. In addition, an attorney can explain how state and federal recall laws apply to your situation and guide you through each step of the process.

Legal Deadline in Illinois

Strict deadlines apply to car seat injury claims in Illinois. For car accident lawsuits, you generally have two years from the injury date to file a case on your child’s behalf under Illinois’ statute of limitations. If the injury stems from a defective car seat, product liability rules apply, and you also have two years to bring your claim. However, Illinois law places an additional time limit known as the statute of repose on defective product claims. This rule bars product liability lawsuits if more than 12 years have passed since the car seat was first sold or 10 years since you acquired it, whichever period is shorter. Missing these deadlines can result in losing your right to recover compensation, no matter how strong your case may be.

What to Do After a Car Seat Failure

You must act quickly after a car seat injury to protect your legal rights and give yourself the best chance of recovering compensation for your and your child’s losses. Here’s what to do:

Seek Medical Care Immediately – Take your child to a doctor right away to identify and document all their injuries. Some serious injuries might not always have noticeable symptoms immediately after the accident, so it’s crucial you seek prompt medical treatment so your child’s injuries are properly diagnosed.
Preserve the Car Seat – Keep the car seat in the same condition after the incident. Do not attempt repairs or discard it, as the seat itself can be crucial evidence.
Collect Evidence – Take photos of the seat, your vehicle, and any visible injuries you or your child sustained. Similarly, save the receipts, packaging, and manuals related to the car seat.
Report the Failure – Notify the manufacturer and file a report with the National Highway Traffic Safety Administration (NHTSA).
Consult an Attorney – Speak with a lawyer to understand your options and next steps.

Contact a Chicago Car Seat Injury Attorney

The longer you wait to file a defective car seat lawsuit in Illinois, the harder it can be to achieve your desired outcome. Salvi, Schostok & Pritchard P.C. has more than 40 years of experience representing Illinois injury victims, and we’ve recovered $2.5 billion for our clients. Call us now or complete our contact form to schedule a free initial consultation.