Experienced New York City Attorneys for Car Seat and Stroller Accidents
Fighting hard for families dealing with serious injuries
New York State requires all vehicle passengers, regardless of age or seating position, to be restrained while riding in a car. If your child has been injured due to a defective car seat or stroller, take action immediately by calling on the personal injury lawyers at Barasch McGarry Salzman & Penson. We have experience in claims related to car seats and strollers specifically, and we have fought hard for children and families throughout our community for years. For responsive service and a compassionate legal partner, don’t wait to consult our firm today.
Car seat laws in New York
All adults are required to wear a seatbelt at all times while riding in a car. Since seatbelts are not appropriate restraints for small children, the safety of a child can be ensured through the use of a car seat (otherwise known as a child safety seat). When riding in a car, children under the age of four are required to ride in a car seat that has been federally approved. The seat must be attached to the vehicle seat using a seatbelt or another approved anchorage system. If the child is under the age of four but weighs more than 40 pounds, he or she may use a booster seat in conjunction with the car’s built-in seatbelt.
As an exception, a child under the age of eight who weighs more than 100 pounds or is more than four feet, nine inches tall may use a seatbelt without a booster seat, provided the seatbelt has both a lap belt and shoulder harness. For this setup to be considered acceptable, the child must be able to sit comfortably against the back of the seat with the knees bent over the front edge. Infants should use car seats that are rear-facing, generally until they are one year old or 20 pounds.
Whether you are using a child safety seat or booster seat, an adequate restraint system must be used for all children until they are eight years old (unless he or she qualifies for size/weight exception). If your child is over the age of eight but still weighs less than 100 pounds or is shorter than 4 feet 9 inches, it is still recommended that a child restraint system be used.
Has a child car seat malfunctioned?
Sometimes, defectively designed car seats can contribute to injuries in auto accidents, even if the seat has been used perfectly. For example, if the harness’s chest clip is placed too far down, it can malfunction and lead to ejection. Three-point car seat harnesses do not give children any pelvic support, which also makes the child more susceptible to ejection. In addition, if the plastic shell of a car seat has been poorly manufactured, it can break, taking away from the seat’s stability. Consult a defective product lawyer to take action.
Speak with a knowledgeable personal injury lawyer in New York
If a child has been injured due to a defective car seat or stroller, don’t wait to begin seeking the compensation your family needs and deserves. For a free initial consultation, call Barasch McGarry Salzman & Penson at 888.746.8212 or contact us online.