Children’s product recalls can lead to devastating outcomes, P. 5

In today’s post we continue our discussion of defective products that led to children being injured or killed. The case we will look at today has specific legal implications because the tragedy ended in a lawsuit against the product manufacturer.

The scenario was devastating. A woman was driving her car with her 4-month-old securely strapped into an Evenflo car seat in the back when she was forced off the road by another vehicle. During the incident, the plastic hook that secured the seat to the car’s seat belt snapped, causing the car seat to fly out the window. Although the child was strapped into the car seat, he did not survive.

The child’s parents eventually sued the company, winning $10.4 million in compensatory and punitive damages. The company had to reveal that the car seat model had a tendency to crack just like a previous model that had been recalled did. Not only that, the company was aware of the issue as shown in tests that they conducted. Unfortunately, the company did not technically have to reveal their findings because the tests were done at a speed higher than the federal testing requirement.

Thankfully, the state in which this happened disagreed with the company and awarded damages in the case. While we hope that these types of cases never happen, the unfortunate fact is that companies do not always take the appropriate measures to protect their consumers. In many cases, it appears their bottom line becomes more important than the safety of the individuals who purchase their products.